06 LC 33
1490S
The
Senate State and Local Governmental Operations Committee offered the following
substitute to HB 950:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating
to persons and their rights, so as to prohibit governmental entities in this
state from unlawfully impairing, restricting, or prohibiting a public employee
or public school student from verbal expressions relating to the celebration or
observance of any public or legal holiday; to provide for legislative findings;
to provide for construction; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and
their rights, is amended by adding a new Code Section 1-2-12 to read as
follows:
"1-2-12.
(a)
The General Assembly finds and determines that:
(1)
The First Amendment to the United States Constitution provides that 'Congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech...';
(2)
The rights secured under the First Amendment to the United States Constitution
have been interpreted by the courts of the United States to be applicable to the
states through the due process clause of the Fourteenth Amendment;
(3)
The United States Supreme Court has held that minors possess First Amendment
rights and that students do not 'shed their constitutional rights to freedom of
speech or expression at the schoolhouse gate';
(4)
The United States Supreme Court has also held, however, that these rights are
not immunized from restriction and that behavior that 'materially disrupts
classwork or involves substantial disorder or invasion of the rights of others'
may be curtailed by schools;
(5)
Article I, Section I, Paragraphs III and IV of the state Constitution provide
rights to freedom of religion; and
(6)
Article I, Section I, Paragraph V of the state Constitution provides the right
to freedom of speech.
(b)
No department or agency of the state and no county, municipality, local board of
education, or other political subdivision of the state shall adopt or implement
any policy which would impair, restrict, or prohibit a public employee or public
school student from engaging in their constitutional rights to freedom of speech
or expression, including, but not limited to, verbal expressions relating to the
celebration or observance of any public or legal holiday, as provided in Code
Section 1-4-1.
(c)
Nothing in this Code section shall be construed to impair any ability that a
department or agency of the state or a county, municipality, local board of
education, or other political subdivision of the state has to adopt and
implement reasonable regulations to prevent unlawful speech or expression,
including, but not limited to, behavior which materially disrupts classwork or
involves substantial disorder or invasion of the rights of
others."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.