Lawmakers shouldn’t attempt to censor South Dakota classrooms. But that’s exactly what’s happening with House Bill 1012 and House Bill 1337, both of which were advanced by the House Education Committee today.
The ACLU of South Dakota opposes both bills. The First Amendment protects academic freedom and the right to share ideas, including the right of individuals to receive information and knowledge. Instead of encouraging learning, House Bill 1012 and House Bill 1337 would have a chilling effect on academic freedom.
“Lawmakers claim that educators are teaching about these topics in ways that sow division among students and are contrary to the unity of the nation,” said Jett Jonelis, ACLU of South Dakota advocacy manager. “They say that bans on honest discussions about race and government prevent the political indoctrination of students. But many would interpret this to mean a ban on discussing or raising issues of race, gender or politics in the classroom at all. Simply put, these bills are a blatant attempt to suppress speech that some may disfavor.”
All young people deserve to learn an inclusive and accurate history in schools, free from censorship or discrimination.
“These bills treat honest and frank discussions of race and its place in American history as a threat and attempt to censor classroom conversations,” said Candi Brings Plenty, ACLU of South Dakota Indigenous justice organizer. “This is particularly egregious in consideration of the South Dakota government’s turbulent history with Indigenous people who have been here since before colonization. These bills demonstrate the very need for the types of education our legislature is trying to prohibit.”
The ACLU of New Hampshire filed a federal lawsuit challenging a similar classroom censorship law in New Hampshire. This is the third federal lawsuit in the country to facially challenge one of these bans, including the ACLU’s recently filed lawsuit challenging Oklahoma’s classroom censorship law. The New Hampshire lawsuit argues the classroom censorship law’s vague language unconstitutionally chills educators’ voices under the 14th Amendment and prevents students from having an open and complete dialogue about the perspectives of historically marginalized communities, as well as on topics concerning race, gender, sexual orientation, gender identity and disability.
About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.
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