Someone once observed that insanity is doing the same thing over and over again and expecting a different result.
Although often tempted, I don’t claim that the majority of the people in the Mississippi Legislature are insane, but I do know they keep making laws that violate the First Amendment and somehow expect them to be allowed to stand.
That may not be insanity, but it does show remarkable disrespect for a fundamental American right and violates the oaths they took to uphold and defend the Constitution.
On Friday, Governor Tate Reeves signed House Bill 1197 into law. In a show of gaslighting mastery, HB 1197 is titled “The Safe Solicitation Act.” Anyone who believes the intent of this law is to make panhandling, begging or whatever term you prefer safer for those asking for help will find nothing in the law that supports the title.
It’s all about suppressing the rights of fellow Americans simply because some people make us uncomfortable, annoyed or resentful.
There are few laws I can think of that have been consistently, repeatedly and emphatically ruled unconstitutional as these laws intended to prevent panhandling.
Across the country, dozens of city ordinances designed to prohibit panhandling have been ruled unconstitutional. Likewise, state laws in Alabama, Arizona, Massachusetts and Utah have been overturned.
Nowhere in the United States will you find a law outlawing panhandling that has withstood a judicial challenge.
It is, quite simply, an open-and-shut case.
HB 1197 passed the House by a 81-30 margin and included yes votes by three local legislators, Andy Boyd and Dana McLean of Columbus and Rob Roberson of Starkville. All should have known better, especially McLean and Roberson, who are attorneys. Roberson will also remember that Starkville was one of several Mississippi cities to rescind their local panhandling ordinances when faced with the prospects of a lawsuit.
The bill passed the Senate 39-12, with Bart Williams of Starkville supporting the bill. In fact, of our five Republican legislators only Chuck Younger of Columbus honored the Constitution by voting against this assault on the First Amendment.
A governor worthy of his office would have instantly recognized what is so plainly obvious and vetoed the legislation on its arrival to the Governor’s office. That Reeves signed the bill confirms how little respect he has for the Constitution.
Cities and states have repeatedly attempted (and failed) to circumvent the First Amendment by attempting to apply the time, place and manner exceptions to the First Amendment. Those exceptions allow the state to put limits on crowd sizes, noise levels, early morning or late evening events or parade permits. Yet in every case, any of those restrictions must pass a three-pronged test. They must be content-neutral (applied regardless of the message), narrowly tailored to serve a significant governmental interest and leave ample opportunity for the speaker to communicate his/her message.
We know this law fails to meet the first test because it puts restrictions on soliciting money or other things of value but it does not prevent candidates from soliciting votes or prevent religious groups from proselytizing under similar circumstances.
The law is not narrowly-tailored to serve a legitimate government interest because it requires a permit for any solicitation, with conditions applying only after a permit has been obtained. Finally, requiring a permit places an undue burden on a person exercising free speech.
Panhandlers and beggars can be a nuisance. Certainly, they can make us uncomfortable. The same holds true for candidates and religious groups with whom we may come into contact.
We tolerate them because we understand these encounters are a small price to pay in defense of free speech, perhaps the most important of all our Constitutional rights.
That so many of our legislators have so little respect for the First Amendment continues to be a never-ending source of embarrassment.
Slim Smith is a columnist and feature writer for The Dispatch. His email address is [email protected].
Slim Smith is a columnist and feature writer for The Dispatch. His email address is [email protected].
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