Because Freedom Can't Protect Itself

Free Speech

Right to Comment – The current law regarding Confined Animal Feeding Operations (CAFOs) only allows those individuals whose primary residence is within one mile of a proposed CAFO to comment at public hearings regarding the proposed site.  This is an arbitrary limitation and prohibits many individuals who may be affected by the proposed CAFO from commenting at the county hearing. In 2007, Senator Stennett introduced SB 1056, which, if enacted, would allow “affected persons,” those with a real property interest, to comment on the proposed site of a CAFO. We supported this bill because it was an improvement, however we would like to see all limitations lifted so that any member of the public could comment.  SB 1056 passed the Senate but has stalled in the House.  The Chair of the House Local Government Committee has decided that because the most problematic county, Jerome County, has changed their rule to do away with the one mile limit, SB 1056 is no longer necessary.  Because a county can change their regulations at any time, we continue to support SB 1056 and hope that it receives the hearing it deserves. 

Disturbing the Peace at Funerals – In 2007, a group of legislators introduced HB 194, making it a crime to “disturb the dignity and reverential nature” of a funeral or funeral procession.  The Statement of Purpose stated that this was an attempt to remedy the actions of anti-war protestors.  Such a purpose is unconstitutional as it prohibits speech based on the content of said speech. In addition, the language of HB 194 is overbroad and vague making it difficult if not impossible for an individual to know what actions are prohibited.  We expressed our opposition to this bill in both the House and the Senate, however the House unanimously passed HB 194 and it is likely to pass the Senate as well.