The Affiliate achieved its first legislative victory of the session back in February, when the Governor withdrew his extremely dangerous “homeland security” bill just days after he had proposed it. He withdrew the bill just one day after the Affiliate issued a detailed written critique that led to a torrent of criticism over the legislation’s impact on freedom of speech, academic freedom and the public’s right to know.
The Governor’s ill-fated proposal did have an upside, though. His attempt to resurrect two blatantly unconstitutional World War I-era laws barring advocacy of anarchy or revolution prompted the Affiliate to propose – and the General Assembly to enact – legislation to repeal those statutes and more than a dozen other antiquated criminal laws on the books that affect free speech. Sponsored by Rep. Fausto Anguilla and passed unanimously by both Houses, the ACLU bill repeals, among other things, a law banning the public display of any flag “opposed to organized government or which may be derogatory to morals,” a statute making it a felony to speak or write anything intended to “incite, provoke or encourage” a “defiance or disregard” of the law, and laws authorizing the use of lethal force to break up “tumultuous” assemblies.
