Parental rights advocates push back against California senate bill, arguing it would ‘chill’ Free Speech at school board meetings

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The California Senate passed a bill that criminalizes the harassment of school officials, mandating the arrest of “any parent, guardian or other person” who causes “substantial disorder” at school board meetings. If signed into law, opponents of the bill argue it would silence the Free Speech rights of parents. 

Key Player

State Sen. Anthony Portantino (D), whose district encompasses Burbank, authored Senate Bill 596, which moved through the committee process in July 2023. 

Further Details

The bill states that any parent or guardian causing “substantial disorder” at school board meetings could be detained and prosecuted for a crime, and they could “face up to a $1,000 fine and/or one year in jail for a first offense and mandatory jail sentences for any additional offenses.” Similarly, any adult who contributes to the “substantial emotional distress” of a school employee could also be punished. 

The legislation does not define the term “substantial disorder,” raising concerns around due process and “arbitrary enforcement,” a legislative analyst for the California Assembly  Public Safety Committee said. The language of the bill has been criticized as vague, and questions loom around what actions rise to the level of a crime, such as yelling, speaking out of turn, or holding offensive posters. 

Portantino claimed that the bill aims to protect educators, arguing that teachers were facing substantial backlash over the curriculum of their lessons, including threats, stalking, harassment, and classroom interference. According to a press release from February 2023, school employees faced backlash for teaching about gender identity, sexual orientation, and Pride month. Specifically, during the 2021-22 academic year, an employee of a local elementary school had to be transferred to a different school after receiving threats for discussing Pride month.

“SB 596 will ensure that they can continue to be dedicated educators, helping their students thrive unencumbered by fear and intimidation. I am very grateful to the teachers in my district for their commitment to our children and for bringing the need for this bill to my attention,” Portantino wrote. 

The senator further insisted that Free Speech rights would not be violated. “The bill explicitly exempts out all forms of protected free speech as the following passage from the bill states: Constitutionally protected activity is not included within the meaning of credible threat,” he said.  

Outcome

Concerns persist 

The bill has faced notable pushback, primarily from conservative groups. Many argue that if it gets signed into law, parents may be afraid to speak up at school board meetings out of fear of criminal prosecution. California parental rights advocates stated that, in their view, the aim of this law is to “scare them into silence,” The Daily Caller reported.  

“It’s clear they’re trying to chill parents from speaking out,” Sarah Parshall Perry, senior legal fellow at The Heritage Foundation, told The Daily Signal.

Wenyuan Wu, executive director of Californians for Equal Rights Foundation, a parental rights group, said the “bill is shamelessly intended to target, intimidate and smear parents and local community members advocating for better education, transparency and accountability.”  

Mari Barke, a director at the California Policy Center, said, “SB 596 is attempting to silence free speech and could be used against parents very arbitrarily if they question or vocalize concern or opposition to offensive or divisive curricula, content, or behavior.”

California Senate passes bill

On Sept. 12, the state senate passed the bill with 30 of the 40 state senators supporting it. 

Gagik Galfayan and Patrick Davarhanian, two educators from the Glendale Unified School District, were pleased with the passage. 

“We would like to thank the parents, guardians, students, community members, administrators and staff in our district and across the state who have supported our efforts with SB 596,” they said in a statement. 

The other house of the legislature, known as the “assembly,” will vote next on whether to pass SB 596. As of Oct. 2, 2023, there were no further updates.