More on Florida HB31 and Inspirational Messages

I wrote about this before, and commented that it seemed to accomplish nothing–nothing, that is, except to possibly encourage some school boards to tangle with the federal courts.

That version, however, has been replaced in committee. I’m going to do something I don’t usually do, and put in a “tear line” so this won’t get too long, as I intend to quote both versions of the bill in full:

First, the bill as introduced:

1 A bill to be entitled
2 An act relating to public education; creating s.
3 1003.4505, F.S.; authorizing district school boards to
4 permit the delivery of an inspirational message at a
5 noncompulsory high school event; providing purpose;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 1003.4505, Florida Statutes, is created
11 to read:
12 1003.4505 Inspirational message.–
13 (1) District school boards are authorized, but not
14 required, to permit the delivery of an inspirational message,
15 including a prayer or an invocation, at a noncompulsory high
16 school activity, including a student assembly, a sports event,
17 or other school-related activity, if a majority of the
18 participating students request the delivery of an inspirational
19 message and select a student representative to deliver the
20 message.
21 (2) The purpose of this section is to provide for the
22 solemnization and memorialization of noncompulsory high school
23 events and ceremonies. This section shall not prohibit a school
24 or school official from disciplining students in regard to
25 unprotected speech or behavior that is inappropriate or
26 disruptive.
27 Section 2. This act shall take effect July 1, 2010.

I don’t see anything in there that authorizes anything a school board couldn’t do already under Florida law, provided, of course, that they were in compliance with federal law. And of course the Florida legislature can’t change federal law.

Now here’s the committee replacement:

1 A bill to be entitled
2 An act relating to public education; creating s.
3 1003.4505, F.S.; prohibiting district school boards,
4 administrative personnel, and instructional personnel from
5 taking affirmative action that infringes or waives the
6 rights or freedoms afforded by the First Amendment to the
7 United States Constitution in the absence of certain
8 consent; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 1003.4505, Florida Statutes, is created
13 to read:
14 1003.4505 Protection of school speech.—District school
15 boards, administrative personnel, and instructional personnel
16 are prohibited from taking affirmative action, including, but
17 not limited to, the entry into any agreement, that infringes or
18 waives the rights or freedoms afforded to instructional
19 personnel, school staff, or students by the First Amendment to
20 the United States Constitution, in the absence of the express
21 written consent of any individual whose constitutional rights
22 would be impacted by such infringement or waiver.
23 Section 2. This act shall take effect July 1, 2010.

I’m skipping the second substitute which was less all-encompassing. Now I’d be interested in hearing from readers who have more legal background than I do, but this one looks a great deal like a bill that tells school boards not to violate the constitution, which should be pretty obvious to start with. I have no doubt, however, that the legislators will play this to their constituents as protecting things like prayer at public school gatherings, when they know that nothing has changed with regard to that. The federal courts will rule and that will be that.

It all seems like a waste of the tax payer’s money to me. Of course, if they weren’t doing this, the legislators would likely be causing more mischief elsewhere…