Senator proposes speech protections

Public employees in Arkansas would be given broad immunity to express their views to others, on social media and in public under legislation filed Thursday by Sen. Kim Hammer, R-Benton.

Senate Bill 236 would prohibit public employers from placing restrictions on speech related to "a matter of public concern," "a matter of individual or private concern," the employee's job or "the action of a public official."

[RELATED: Complete Democrat-Gazette coverage of the Arkansas Legislature]

The bill also would prohibit public employers from disciplining an employee who made such statements.

In an interview Thursday, Hammer said the intention of SB236 was to bolster the ability of public employees to contact their elected officials. Such protections already exist under state law.

Hammer's bill would expand that protection to include public and private statements, including those made on Twitter and Facebook, said Robert Steinbuch, a law professor at the University of Arkansas at Little Rock's William H. Bowen School of Law, who helped work on the legislation. The bill would allow for restrictions on statements made at the office or during work time.

While Hammer did not point to any specific examples of Arkansas employees being disciplined for speech, he said he had heard general concerns from conservatives who feel they cannot express their views publicly.

Asked if the bill would protect employees who make offensive or racist remarks, Hammer said it would.

"It does have a pretty broad application, I understand that," Hammer said. "We'll just see how it goes."

-- John Moritz

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