senate resolution no.86

Senators Theis, Runestad, Victory, McBroom, Outman, Barrett, LaSata, Daley, Johnson, VanderWall, Bumstead, Bizon and Schmidt offered the following resolution:

A resolution to condemn the U.S. Department of Justice memorandum on intimidation and harassment against school board members for inhibiting parents’ constitutional right to free speech.

Whereas, On October 4, 2021, the U.S. Attorney General released a memorandum directed at employees of the Department of Justice (DOJ) concerning threats against school administrators, board members, teachers, and school staff across the country. The memo cites an increase in “harassment, intimidation, and threats of violence” and calls for the Federal Bureau of Investigation (FBI) to coordinate with local law enforcement to facilitate a discussion of strategies for addressing and responding to these threats; and

Whereas, While there is no debate regarding the need to protect public servants from all credible threats of violence, the vague language used in the memo is likely to obstruct another vitally important public interest – the freedom of speech. It is unclear what types of speech may be considered to be “intimidation” or “harassment,” and the uncertainty is likely to have a chilling effect on school board participation. Parents with legitimate concerns about school issues may be hesitant to passionately advocate for their children under the threat of federal intervention; and

Whereas, The memo also sends an insulting message that inaccurately characterizes the concerns of many parents. The memo implies that parents who oppose a particular agenda are expected to be violent and that federal intervention is needed to protect others from their viewpoints. This type of statement demonizes invested parents who share the goal of educating students and protecting them from harmful policies. The associated stigma will further impede the ability of parents to voice their concerns; now, therefore, be it

Resolved by the Senate, That we condemn the October 4, 2021 U.S. Department of Justice memorandum for inhibiting parents’ constitutional right to free speech; and be it further

Resolved, That copies of this resolution be transmitted to the U.S. Attorney General.