Update: House Bill 1178 passed both chambers. It now moves onto the Governor for further action.
House Bill 1178 would prohibit the Board of Regents or any institution under its control from using state resources for obscene live conduct.
The ACLU of South Dakota opposes House Bill 1178. This bill is clearly yet another attempt to restrict free speech and expression in South Dakota. When we’re talking about adhering to the First Amendment in the context of art and entertainment, defending free speech means tolerating some works that others might find lewd, lascivious, or obscene.
It’s impossible to define obscene, lewd, and lascivious in a way that isn’t hopelessly vague and subjective, and government officials cannot impose their personal moral values on others.
Freedom of expression for ourselves requires freedom of expression for others.
