[speedgibson] Speed Gibson: Don't Wait for the Verdict

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Posted by Speed Gibson:
Don't Wait for the Verdict
http://speedgibson.powerblogs.com/posts/1200627643.shtml


   In a preemptive move, the "281 CARE" group that helped defeat the
   District 281 referendum filed suit to have a law declared
   unconstitutional. The law ostensibly prohibits false speech regarding
   school referendums. It's a bad law and the Legislature would do well
   to repeal it this session.
   The faulty assumption underlying this law is that public school
   districts are not political organizations and therefore the First
   Amendment does not protect those who would criticize them. The truth
   is, of course, is that public schools districts are 100 percent
   political entities, no different than a city or a county or a state
   agency. The notion that private citizens cannot criticize those who
   can tax them is chilling - and certainly unconstitutional, at least in
   the America I grew up in.
   Look, if lying in the public sphere were to become illegal in this
   state, a certain Regent of the University of Minnesota would now be
   serving time in Stillwater. The larger question is, just what is
   truth?
   The chairs of the "vote yes" committee had a letter published in the
   local Sun Post to expose three such false claims by 281 CARE. [1]As I
   posted at the time, they were 0 for 3 trying to refute them and
   perhaps misspoke themselves. Do we want the courts trying to sort such
   a mess out? That's why we have a First Amendment, to preclude the
   government from deciding truth, especially regarding government and
   politics.
   We all know who had this law written and why. Perhaps they will cut
   their losses and have it repealed before losing in court. Regardless,
   the various school districts themselves should step up and pledge
   never to bring an action using this unjust, unworkable law.

References

   1. http://speedgibson.powerblogs.com/posts/1196999902.shtml