HOUSE BILL ANALYSIS

                  HB 1481

Title:  An act relating to censorship by school districts.

Brief Description:  Prohibiting censorship of United States and Washington history.

Sponsors:  Representatives Sherstad, Mulliken, Dunn and Smith.

HOUSE COMMITTEE ON EDUCATION

Meeting Date:  February 11, 1997.

Bill Analysis Prepared by:  Joe Hauth (786-7111).

Background:  Schools must provide instruction in the history of the United States.  Also, in fulfilling high school graduation requirements, public and private high school students must study the United States Constitution and the Washington State Constitution. 

The First Amendment to the United States Constitution and article 1, section 5 of the Washington State Constitution protect the freedom of speech.  The freedom of speech, however, is not absolute.  The constitutional permissibility of a regulation affecting speech depends upon a number of factors, including:

!the type of regulation imposed;

!the type of speech regulated;

!whether the government has a legitimate or compelling reason for the regulation; and

!whether the regulation imposes a prior restraint on speech.

Regulations which impose only "time, place, or manner" restrictions are more likely to withstand constitutional attack than regulations which affect the content of speech.  In general, a time, place, and manner regulation on speech will be upheld if it (1) is not based on the content of the speech; (2) is narrowly tailored to serve a significant government interest; and (3) leaves open alternative channels of communication.

In order for the government to regulate the content of speech, the government must show that the regulation is necessary to serve a compelling government interest and that the regulation is narrowly tailored to serve that interest.  Prior restraints, which are official restrictions on speech imposed prior to publication, are suspect.  Some forms of speech are not protected by the freedom of speech, and the content of the speech may be regulated or prohibited, such as obscenity, fighting words, defamation, and false advertising. 

The First Amendment of the United States Constitution and article 1, section 11 of the Washington State Constitution prohibit the government from establishing religion.  In general, a government statute or regulation does not impermissibly establish religion if  (1) it has a secular purpose; (2) the primary effect is neither to advance nor inhibit religion; and (3) it does not foster excessive governmental entanglement with religion.

Summary of Bill:  School boards must allow a teacher or administrator to read or post in a school building or classroom any documents, writings, speeches, or records relating to the founding of the United States or the state of Washington.  This requirement applies to the following texts:

!Washington=s Enabling Act;

!Washington=s Constitution;

!Washington Supreme Court decisions;

!The Mayflower Compact;

!The Declaration of Independence;

!The Articles of Confederation;

!The United States Constitution;

!The Federalist Papers;

!United States Supreme Court decisions; and

!Documents, writings, and speeches of the founding fathers of the United States.

AFounding fathers@ means signers of the Declaration of Independence, the authorized delegates to the Constitutional Convention, members of the first United States Congress, members of the first Supreme Court, and the first President of the United States.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.