A new law passed by the Arizona Legislature and awaiting the signature of Republican Governor Jan Brewer could criminalize much of what gets posted on the Internet, thus raising serious First Amendment concerns. Arizona House Bill 2549 would make it a crime to use any electronic or digital device to communicate using obscene, “lewd” or “profane” language or to suggest a lewd or lascivious act, if done with the intent to “annoy,” “offend,” “harass” or “terrify.” None of the terms placed in quote marks are defined in the statute or by reference. The law is not limited to one to one conversations, and would apply to general communications on web sites, blogs, listserves and other Internet communication.

 

As the Media Coalition pointed out in an open letter to the Arizona Legislature, the statute would make much public discourse illegal, including some of the speech of right-wing commentator Rush Limbaugh and left-wing Bill Maher, both of whom intentionally use inflammatory and “offensive” language to make their points and provoke thought.

 

Even if Governor Brewer signs the law, its enforcement would likely be blocked because of its infringement on free speech. As the Supreme Court said of flag-burning in Texas v. Johnson (1989), “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

-Matt Bewig

 

Arizona House Bill 2549 (pdf)