FLORIDA -- Gov. Charlie Crist signed a bill into law June 4
that is meant to prevent school districts from restricting the First Amendment
rights of school employees or students without their consent. The measure, House Bill 31,
goes into effect July 1. It prevents districts from entering into any agreement
"that infringes or waives the rights or freedoms afforded to instructional
personnel, school staff, or students by the First Amendment to the United States
Constitution," unless those affected sign a waiver. The Associated Press reported that the bill, which
was "watered down" in its final form, was introduced by
representatives Greg Evers, R-Baker, and Brad Drake, R-Eucheeanna, in reaction
to a lawsuit settlement between the American Civil Liberties Union and the Santa
Rosa County School Board. As part of the settlement, the district agreed to stop
public prayers at school-sponsored events. "Our First Amendment rights, granted to us by the U.S. Constitution
are absolute, and this law ensures that they remain that way," Evers told
the Holmes County Times Advertiser.Frank
LoMonte, executive director of the Student Press Law Center, said it is unclear
if or how the new law would affect student journalists in Florida. "There's at least an argument to be made that legislators
don't pass laws to do nothing and that the intention here is to bring
students' First Amendment rights more in line with the rights any other
citizen would have," LoMonte said. He said Florida courts would have to decide whether the law simply
recognizes the student press rights that federal law already provides or if it
confers the full benefit of the First Amendment to students. Evers and Drakes did not return multiple phone calls by press
time.
© 2010 Student Press Law Center