A First Time on a First Amendment Case

I was prepared for today’s hearing, or so I thought.

The Consent of the Governed Act would severely limit the Governor’s power to act in an emergency.

I prepared a question for the bill’s sponsor, Delegate Cox, that compared his legislation to a recent Supreme Court case.

The court held that a New York regulation limiting the number of people who could attend a religious service violated the 1st Amendment protection of the free exercise of religion.

There are “less restrictive rules that could be adopted to minimize the risk to those attending religious services,”  the court held.

“As I read your bill,” I asked Delegate Cox, “it would not allow for the limitations on attendance at services that the court would permit.”

The delegate said I was misreading his bill.

That was mild, compared to what happened next.

Delegate Saab requested that someone’s written testimony be removed from the official record because it did not speak to the issues raised by the bill.

In my 30+ years as a legislator, I don’t recall anyone else making such a request.

As fate, and my chairman’s discretion, would have it, I was chairing today’s hearing.

I had to respond to this unique request.

“This testimony is exercising an individual’s First Amendment right to petition the government,” I replied  “I suggest that you ask the Attorney General’s Office if your request is permissible.”

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