Clay Calvert, director of the Marion B. Brechner First Amendment Project and Brechner Eminent Scholar in Mass Communication at the University of Florida College of Journalism and Communications, is quoted in “’Don’t Say Gay’ Bill Aimed at Florida Teachers May Violate Students’ Right to Free Speech” published in Newsweek on Jan. 26.

The story features a proposed Florida bill that would ban teachers from discussing sexual orientation or gender identity in their classrooms. The legislation could infringe on a student’s right to free speech.

“The Supreme Court has made it clear that public school students at all age levels possess First Amendment rights,” Calvert said. “If a student is just talking about his or her sexual orientation or sexual identity as part of their own speech—and not as part of the curriculum—the school is going to have to show that the speech causes substantial and material disruption of the educational atmosphere.”

“It’s a complex issue because it really is about how much a state legislative body can do to limit speech and limit expression in the classroom about a matter of public concern and a matter of personal concern,” Calvert said.

He adds, “[The Parental Rights in Education bill] is part of a larger battle nationwide about who controls the curriculum today: parents or educators? It’s the same thing as, ‘Should I be compelled to talk about critical race theory?’ That’s the big picture.”

Calvert was also quoted in “Bill Inspired by Dixie County Tragedy Would Limit Public Access to Certain Autopsy Records,” posted on WCJB.com on Jan. 26.

This story focuses on a proposed bill known as the Rex and Brody Reinhart Act, which was created after a murder suicide last May. If passed, it would prevent autopsy results of children killed in domestic violence cases from being released to the public.

According to Calvert, this bill does not allow for an exemption, something Florida’s public records law usually includes.

“We keep chipping away at them piece by piece so eventually, will our reputation of being a very pro open access state be eroded?” asked Calvert. “So if a member of news media says ‘hey there is good cause, we really need this information because it will serve this purpose,’” there is no such carve out for this legislation.

He adds, “I think the public does have a right to know about that regardless of how graphic the details in the autopsy report might be.”

Posted: January 28, 2022
Category: College News, Marion B. Brechner First Amendment Project News
Tagged as: Clay Calvert, Marion B. Brechner First Amendment Project