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State GOP Bill Would Tamp Down Hate Groups

With support from Metro Nashville’s mayor, two Republican lawmakers are sponsoring a measure designed to handcuff hate groups such as those that targeted a synagogue and marched in Nashville last year.

Notably, it prohibits the transport of people in box trucks, such as the rental vehicles used to carry neo-Nazi groups to Nashville locations, and gives police more latitude to charge people with violating the law.

But one First Amendment expert said the bill is on “constitutional thin ice” even though California adopted a similar law.

“It’s important to remember that hate speech is completely protected by the First Amendment to the U.S. Constitution. It’s not a close call. Hateful things are protected under the First Amendment no matter how ugly or disturbing or rude they happen to be,” said Ken Paulson, director of the Free Speech Center at MTSU in Murfreesboro.

Allowing government to define hate speech would be “extraordinarily dangerous,” Paulson added, because each administration could find different things to be hateful.

Those committing hate crimes need to be held accountable, says Tennessee House Majority Leader Rep. William Lamberth of a proposed bill. (Photo: John Partipilo)

House Majority Leader William Lamberth (R-Portland) sponsored a resolution in 2024 condemning neo-Nazis that marched through downtown Nashville carrying swastika flags and wearing masks. With the 2025 legislative session approaching on Jan. 14, Lamberth and Sen. Mark Pody (R-Lebanon) are sponsoring House Bill 55, which revamps state laws dealing with littering and trespassing, police procedures and obstruction of justice, and road safety to tamp down hate speech and intimidation.

Groups handed out anti-Jewish literature to members of a Nashville synagogue and held signs at overpasses promoting hateful messages.

“These tactics are deliberate efforts to terrify people and create profound distress,” Lamberth said in a statement. He added that people who commit hate crimes, “often anonymously,” should be held accountable. 

Pody, who represents part of Davidson County, said the bill represents the state’s “unwavering commitment” to protecting communities from antisemitism, intimidation and extremism.

Dubbed the Protecting Everyone Against Crime and Extremism Act (PEACE) Act, the bill sets up new limitations for littering and trespassing to keep hate groups from flooding neighborhoods and parking lots with fliers.

Lamberth said Monday the bill is “carefully crafted” to avoid problems with broad interpretation or the potential for police to crack down on rallies and protests that don’t involve hate speech.

The Metro Nashville Council passed an ordinance last year targeting hate groups after marches took place in Nashville, and Mayor Freddie O’Connell said in a statement he appreciates the effort to stop such intimidation and give law enforcement more tools to handle these situations.

“It sends the message that hateful acts will never be tolerated here,” O’Connell said.

The Tennessee Bureau of Investigation reported 122 incidents in 2023 motivated by bias involving race, religion, sexuality, and disability, down slightly from 129 in 2022 and 135 in 2021. Some 35 percent to 41 percent of those were anti-Black or African American, the report shows.

It’s not a close call. Hateful things are protected under the First Amendment no matter how ugly or disturbing or rude they happen to be.

– Ken Paulson, director, Free Speech Center at Middle Tennessee State University

State Rep. John Ray Clemmons (D-Nashville) said Monday he appreciates the spirit of the legislation because he feels too many people, including his family, have been victims of the type of hate speech the bill is trying to prevent. Clemmons, though, indicated the measure might need changes.

“I hope to work with the sponsors to ensure that the legislation, in its final form, is constitutionally sound and achieves its stated, intended purpose,” said Clemmons, chairman of the House Democratic Caucus.

The measure makes it a Class A misdemeanor to pass out literature considered a form of hate speech or intimidate someone to prevent them from exercising constitutional rights such as religious freedom or the ability to vote.

The bill also gives law enforcement officers more leeway for enforcement.

For the second week in a row, neo-Nazis take to Nashville streets

It creates a buffer zone of 25 feet between officers and people who are ordered to stop and makes it a Class B misdemeanor to violate that space.

The bill also requires a person to give their name to an officer who asks them to identify themselves and makes it a Class C misdemeanor to refuse or to give a fake name.

Using a box truck to transport people would be made a Class B misdemeanor under the bill. At least one group used a rental truck to bring its members into town to rally.

Likewise, the bill would make it illegal to put a sign, signal or marking on a bridge, overpass or tunnel.

In addition, police could use “probable cause” to charge someone with violating the law regardless of whether they saw the person commit the act.

Paulson said most controversies have two points of view, and each side believes the other is hateful. 

Governments can ban all littering and banners hanging from overpasses, but they can’t prohibit only those pieces of literature and banners they regard as hateful, Paulson said.

“If you ban Nazi pamphlets, you also have to ban pizza joints passing out coupons in public. You cannot discriminate on the basis of ideas,” he said.

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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Gov. Lee Readies State Agencies for Trump Deportations on “Day 1”

Tennessee Gov. Bill Lee is set to use state personnel, likely National Guard troops and highway patrol officers, to back President-elect Donald Trump’s plan to deport millions of immigrants when he takes office in January 2025.

The Republican governor issued a statement on the social media platform X last week saying, “I have asked key state agencies to begin making preparations & stand ready on Day 1 to support President Trump’s efforts to secure our Nation’s borders & keep communities safe.”

The statement marked the governor’s first confirmation that he is willing to use Tennessee personnel, which could include troops and state officers, to remove undocumented immigrants as part of a national effort by Trump to deport millions of people.

Lee sent the message on the heels of a statement from the Republican Governors Association saying it stands “united” in supporting Trump’s commitment to deal with the “illegal immigration crisis and deporting illegal immigrants who pose a threat to our communities and national security.”

Via X: “I have asked key state agencies to begin making preparations & stand ready on Day 1 to support President Trump’s efforts to secure our Nation’s borders & keep communities safe.”

Read more here: https://t.co/qWl7FJbM2A

— Gov. Bill Lee (@GovBillLee) December 16, 2024

A one-time mass deportation of about 11 million people who lack permanent legal status and 2.3 million more who crossed the U.S. southern border from January 2023 through April 2024 could cost an estimated $315 billion, according to the American Immigration Council. 

The Tennessee Immigrant and Refugee Rights Coalition condemned Lee’s commitment, saying such a move would hurt families and the local economy. The group said Lee and 25 Republican governors signed a letter committing to “utilize every tool” at their disposal, which would include state law enforcement and the National Guard.

The immigrant rights group said such a plan has been deemed “disastrous” by business leaders, economists, faith leaders and legal experts.

“Whether fleeing danger or seeking opportunity, immigrants enrich our state and strengthen our communities. Rounding up families is not just a moral disaster, but an economic one, crippling our businesses and agriculture and grinding production to a halt,” the coalition said in a statement. “Further, the state resources wasted on mass deportations could instead provide housing, healthcare, and education for Tennessee working families.”

“I don’t think ICE is big enough to handle all that due to the number of people who’ve come across the border who are criminals and committed crimes,” said House Speaker Cameron Sexton of using state resources. (Photo: John Partipilo)

Yet key Republican lawmakers are in the governor’s corner.

In a statement to the Tennessee Lookout, Lt. Gov. Randy McNally said, “The illegal immigration crisis, which has been untenable for many years, exploded under the Biden administration. The voters of our state and our nation have made it clear that they want the crisis resolved and President Trump is committed to resolving it. Activating the National Guard to secure our border and assist with deportations is entirely appropriate. I believe the legislature would and should approve such an effort.”

House Speaker Cameron Sexton told the Lookout last week governors would make decisions with the federal government but added that he supports removal of some immigrants.

“You’ve gotta get illegals who’ve committed crimes in our country out of the country,” Sexton said. “I don’t care where they are, you’ve gotta get them out. I don’t think ICE is big enough to handle all that due to the number of people who’ve come across the border who are criminals and committed crimes.”

While Sexton spoke about immigrants charged with crimes since coming to America, Trump hasn’t always differentiated between that group and other immigrants who make up a large sector of the nation’s workforce.

Trump’s pick for “border czar,” Tom Homan, has said the president-elect made it clear he would prioritize deportation for immigrants who are gang members and considered dangerous, while also saying anyone in the country illegally “shouldn’t feel comfortable.”

Although the Republican Governors Association accused President Joe Biden of failing to secure the border, a report by the Migration Policy Institute shows the Biden Administration is on track to remove nearly as many people as the Trump Administration — 1.1 million for the roughly three years from the start of fiscal 2021 through February 2024 — compared to 1.5 million deportations during Trump’s four years of 2016 to 2020.

The report says the Biden Administration also undertook 3 million migrant expulsions during the Covid pandemic era from March 2020 to May 2023 for a total of almost 4.4 million repatriations.

Since the Covid ban on migration ended, the Biden administration increased deportations and removed or returned 775,000 migrants, the most since 2010, according to the migrationpolicy.org article.

Still, Trump has touched on using federal troops to assist in deportation, and Republican governors are showing a willingness to put state troops and officers into the fray.

The immigrant rights coalition said the governor’s statement gives local law enforcement and the National Guard a “rubber stamp” to “overstep their jurisdiction and forcefully detain our neighbors,” which sets a “dangerous precedent for all Tennesseans.”

If illegal immigration is as big a problem in Tennessee as Lee now claims and we have the legal authority to do something about it, then Tennesseans should ask Gov. Lee and this Republican supermajority why the state has failed to do more.

– Rep. John Ray Clemmons, D-Nashville

The coalition’s statement adds the governor is “placing a dark stain on our state” and that it is “ready to defend our communities and protect one another.”

State Rep. John Ray Clemmons (D-Nashville) said the governor’s use of “bigoted talking points” is causing hostility toward his constituents. He encouraged the governor to visit his district in South Nashville to see the “thriving” businesses and children studying in local schools.

Clemmons acknowledged that dangerous criminals, gang members and terrorists in the country illegally should be removed. He added that the legislature approved $161 million for the Department of Homeland Security, $110 million to the Tennessee Bureau of Investigation and $18 million to the Military Department for related purposes.

“If illegal immigration is as big a problem in Tennessee as Lee now claims and we have the legal authority to do something about it, then Tennesseans should ask Gov. Lee and this Republican supermajority why the state has failed to do more,” Clemmons said.

Clemmons, though, said he believes the state’s jurisdiction and ability to enforce federal immigration policies could be entangled in “complex legal questions.”

Tennessee Lookout is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com.

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TN Democrats Launch State Transportation Reform Push

State Democrats called for statewide transportation reforms Tuesday to address Tennessee’s ”growing traffic crisis,” and the state’s “crumbling transportation infrastructure,” laying blame at the feet of the Republican supermajority. 

In a Nashville news conference, lawmakers launched the “Rocky Top, Not Rocky Roads” campaign, highlighting road conditions and traffic congestion. They pointed to an annual state infrastructure audit that said the state now faces a $34 billion backlog in transportation projects. 

Billboards carrying the “Rocky Top, Not Rocky Roads” message will be placed in areas of the state where Democrats said commuters feel frustrated — Rutherford (Murfreesboro), Davidson (Nashville), and Montgomery County (Clarksville).  

”Potholes and congestions aren’t just inconvenience, they’re symbols of neglect plaguing our state’s infrastructure under Republican control,” said Rep. Ronnie Glynn (D-Clarksville). “I want to co-sponsor this transportation legislation because instead of relying on the pie-in-the-sky [ideas], like toll lanes, we need intelligent, sustainable solutions.”

Last year, the Republican-controlled House and Senate passed Republican Governor Bill Lee’s Transportation Modernization Act. Central to the new law are “choice lanes.” These will be lanes added to existing interstates (like I-40 and I-24) by private companies. Drivers can only use the lanes if they pay extra. 

Rep. John Ray Clemmons (D-Nashville) mocked the idea as “the only solution that the Republican supermajority and Governor Bill Lee could come up with.” Meanwhile, he said, congested drives cost urban commuters $989 per year and rural drivers $670. The issue, for Clemmons, was one of rising costs for working Tennessee families. 

“Since Republicans took over in 2011, they have doubled our state budget,” Clemmons said. “Have your roads gotten any better?  No. Have you seen less traffic on interstates? Have you seen safer bridges and less potholes? No. So, where’s the money going?” 

Here, Clemmons criticized the GOP’s $1.6 billion tax refund to what he called a “secret list of corporations, 53 percent of which were out-of-state corporations.” 

”Without leadership and courage, we’re not going to be able to lower the cost of living that directly impacts every family that we represent,” Clemmons said. “Again, the question working Tennesseans should be asking themselves is, ‘Where’s all my money?’”  

Tennessee roads are dangerous. The state ranked 9th for the highest rate of traffic deaths last year, according to data from the National Highway Safety Administration. Traffic deaths rose almost 9 percent in the state from 2022-2023, from 607 deaths to 661.   

Substantively, Rep. Aftyn Behn (D-Nashville) announced intentions Tuesday to file legislation in next year’s session of the Tennessee General Assembly to reform the state’s financing process for road projects. She and other Democrats called Tennessee’s current financing method for big transit projects — such as road construction — “outdated.” 

“One such way to fix our roads is to end the pay-as-you-go funding mechanism,” she said. “It will allow us — once we end it — to leverage our AAA bond rating and take out debt in order to lock in the cost, which means more bang for our buck.” 

For clarity, Aftyn was asked why the debt method is better than the current, GOP, pay-as-you-go method.

“… because you are paying the most amount of money for the least amount of product,” she said. “You are locking in inflationary percentages every time you buy product and you take out money. Whereas, if we take out debt, we lock in that amount and we’re able to pay it off over time, we will pay less in the long run.”

Issuing debt rather than relying on in-hand revenues increases the state’s ability to invest in large-scale infrastructure programs, the lawmakers say.  

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Lawmaker Blasts State AG In Trans-Care Investigation

A Tennessee Democratic leader said the state’s Attorney General has gone too far in an transgender-care probe and is, in general, widely deviating from his role in order to “promote his own political agenda.”

State House Democratic Caucus Chair Rep. John Ray Clemmons (D-Nashville) blasted Tennessee AG Jonathan Skrmetti in a Tuesday statement. Clemmons said the AG is seemingly “weaponizing and abusing” his powers in the trans-care case. The investigation, he said, comes in a series of politically partisan moves by Skrmetti, the former Memphis lawyer given the post last year.   

Skrmetti recently required Vanderbilt University Medical Center (VUMC) to hand over patients’ medical records and the employment records of some of the hospital’s health care providers. The AG said a  doctor there had “publicly described” how she manipulated medical billing codes to get trans care covered by insurance. The investigation is to determine whether the act occurred and if it broke state law. 

Skrmetti defended his action in the case. He said getting medical records is done in “dozens of billing fraud investigations” and his office investigates and litigates “numerous” medical-billing cases each year. 

The Nashville hospital starting giving him the records more than six months ago, Skrmetti said. His office has kept the investigation confidential for more than a year and he said he was “surprised by VUMC’s decision to notify patients.”

 “The Attorney General has no desire to turn a run-of-the-mill fraud investigation into a media circus,” reads a statement from Skrmetti’s office. 

The investigation is directed at the hospital, not the patients, he said, and the records will be held “in the strictest of confidence.” He also said “we understand patients are concerned that VUMC produced their records to this office.”

But Clemmons said the investigation is targeting trans care and by entering private medical records into the public record, it seems Skrmetti “intentionally created a significant threat to medical professionals and their patients’ privacy and safety.”

“Given the specialty areas General Skrmetti is targeting, his actions give the appearance that he is improperly weaponizing and abusing the broad CID powers of the Attorney General’s office to carry out an intimidation campaign against one of our state’s preeminent healthcare facilities and its providers and patients for the purpose of promoting his own radical political agenda or that of an extremist faction within his political party,” Clemmons said in a statement.

Clemmons said the conduct ”is only a continuation of the politically partisan manner in which Jonathan has conducted himself since day one.”

The Flyer has written about Skrmetti’s moves since he was sworn in in September here, here, here, here, and here. He was also loud and proud about Gas Stove-Gate.

On Tuesday, Clemmons listed ways he thought Skrmetti used his office politically. Here’s his list: 

• [Skrmetti] headlined an event hosted by IWN, an ultra-conservative women’s group, titled “We Know What a Woman Is” to praise new discriminatory state laws 

• Used state resources and personnel to promote a fundraising campaign for anti-abortion “crisis pregnancy centers” to celebrate the anniversary of the Dobbs decision

• Unnecessarily entered into an agreed order in a federal lawsuit filed by a California gun rights group to overturn a state law regarding firearms permits

• Unnecessarily involved his office in a suit involving a Kentucky wedding photographer who refused to perform services for a same-sex wedding

• Unnecessarily supported a Texas lawsuit seeking to overturn a rule allowing the U. S. Department of Veteran Affairs to provide access to abortions and abortion counseling for veterans

• Unnecessarily joined a Texas lawsuit challenging the Biden Administration’s border patrol policies

• Unnecessarily joined yet another lawsuit against Yelp that would end a disclaimer the online company uses on advertisements for “crisis pregnancy centers”

• Unnecessarily filed a brief supporting Florida’s ban on using Medicaid funds for gender transition procedures

• Using taxpayer money to beef up his office, adding a 10-attorney “strategic litigation unit” to continue fighting for what Skrmetti calls “proactive litigation.”

Clemmons said: “Nowhere among the dozens of statutes in the Tennessee code is there an authorization for the Attorney General to use taxpayer resources and his office to promote his own political agenda or that of his political party.”