Call it the “mud flap” flap.
In floor debate Feb. 15, Republicans and Democrats argued over an amendment to H2316 that would outlaw “obscene or hateful” images or words on mud flaps, the historical home of the silhouetted nude woman.
In a reversal of traditional roles, though, it was Democrats supporting the ban, while Republicans defended the First Amendment rights of drivers.
Rep. Ed Ableser, D-17, offered the amendment, saying voters in his district have seen mud flaps with racially insensitive words and images, including nudity. Rep. Kyrsten Sinema, D-15, said the courts have previously ruled that the freedom of speech can be abridged in certain situations.
“Even the First Amendment has limits,” Sinema, an attorney, said.
Rep. Eddie Farnsworth, R-21, criticized Ableser’s amendment for its wording; while “obscene” has a specific legal definition, “hateful” does not.
When voting on the amendment, Rep. Ben Miranda, D-16, said he regretted the Democrats were “toying” with the First Amendment, given the opportunities it had afforded minority Americans in the past.
“This is an issue that never should have been brought to the floor,” he said, before voting to support the amendment.
Ableser’s amendment was ultimately defeated.