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 “Here’s What Florida’s ‘Don’t Say Gay Bill’ Will Do and What It Won’t Do” posted on nbcnews.com on March 16.

The article features legal experts dissecting whether the bill would prevent the “instruction” or “discussion” of sexual orientation and gender identity, and which grade levels would be affected.

In its preamble, the bill’s authors write that their aim is to prohibit “classroom discussion about sexual orientation or gender identity.” But later, the actual bill states that “classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur.”

“I could see why people are confused by that,” Calvert said in reference to the word “discussion.” “I have no idea why that’s still left up there, but that’s not part of the binding legislation that DeSantis would sign. Basically, all of that language is just telling us what the bill is about.”

Without a clearer description, Calvert said, “teachers may legitimately fear being sued” for a wide variety of classroom instruction, including lessons concerning same-sex marriage or the history of the AIDS epidemic.

“If a student raises a question that is not part of the lesson plan or the instructional plan of a teacher, but that question ties to sexual orientation or gender identity, then what may the teacher say at that point?” Calvert said. “Am I teaching about what the Constitution says in that case, or am I teaching about sexual orientation?”

He adds, “It remains to be seen what ‘age appropriate’ or ‘developmentally appropriate’ means. The Department of Education has some leeway here to update and review its own standards about what is age appropriate, and then those will influence how this bill is actually implemented. In other words, it could stretch higher than third grade.”

Posted: March 16, 2022
Category: College News, Marion B. Brechner First Amendment Project News
Tagged as: Clay Calvert, Marion B. Brechner First Amendment Project