South Dakotans

Some of our jackass state legislators FAIL again

Who cares about Ben Franklin, he was a nobody

Good news from Pierre, again. I’m starting to like the 2o10 legislative session more and more everyday.

Maybe they shouldn’t have asked a lawyer that has had trouble in the past interpreting the 1st Amendment to write legislation for them . . . I’m just saying.

A House committee killed a bill that would have required those who operate Internet sites to keep records so they could identify people who anonymously contribute defamatory comments.

One of our greatest founding fathers, Franklin, often railed against England in anonymous letters to newspapers. Just imagine if Franklin feared anon dissent and did nothing? Where would our country be today. Do modern day lawmakers have any clue about history? Apparently not.

As a Czech / German, I’m torn. Kolache vs. Kuchen? What’s your favorite?

While I support this measure;

State Senator Frank Klocek says he’s not backing down in what he calls the Kolache war. The Scotland Democrat failed to convince a legislative committee to pass a bill that would designate the kolache as the state’s official pastry. Some committee members say the bagel or the cannoli are good candidates too. Klocek says he’ll try to get the kolache bill considered on the senate floor, even though it was defeated 4 to 2 in committee.

The German in me also loves Kuchen. I’m torn.

This isn’t the first time Todd Epp has taken a swipe at the First Amendment

Back in 2001 Todd was willing to defend the Brookings Arts Council as a board member of the SD Arts Council. Joy Crane ultimately got Todd to resign on the board because of the extreme conflict of interest that would have existed defending the BAC against someone he is supposed to be representing, a member of the Arts Council, Crane herself. That, and his blatant disregard for the First Amendment. Joy won her battle, I guess the BAC got a little nervous when they started getting letters from anti-censorship lawyers in New York and the ACLU.

As we insisted in our letter to Ms. Knutzen (jointly signed by NCAC, David Green of the First Amendment Project and Jennifer Ring of the ACLU of the Dakotas), randomly applying the vague and subjective standard of appropriateness to work that clearly constitutes protected speech raises serious constitutional concerns. The viewpoint expressed in “Chastity Belt” might well be unpopular and potentially controversial for Brookings, SD. But it is precisely to protect speech that is controversial or even offensive that the First Amendment exists. And, as the U.S. Supreme Court has affirmed: “If there is a bedrock principle of the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” (Texas v. Johnson, 491 U.S. 397, 414, 1989)