There is no explaining some of the nutty bills that our state legislators introduce. Some of them are submitted to score points with certain constituencies; others serve as window dressing for certain causes or products, but some, which might seem to be stupid and laughable, can wind up being an assault on the First Amendment’s Freedom of Speech provisions that we cherish so greatly and guard so jealously in our country.

I put into the latter category a bill being considered by state Rep. Will Tallman, a legislator who represents parts of Adams and Cumberland counties in the south-central part of the state.

The bill is in its embryonic stages, because he has circulated his ideas to colleague legislators to try to muster support for his views. They should tell him in no uncertain terms that this is a bad idea.

Calling his bill the “Teacher Code of Ethics,” Tallman wants to stop teachers from commenting on candidates or incumbent politicians who hold local, state or federal office during class time. The bill also would forbid teachers from endorsing candidates in the classroom.

Being an adjunct college state and local government instructor, I have never nor will I ever endorse a candidate in front of my students, but I do want them to hear the platforms and positions of candidates running for office so they can make up their own minds. In statewide or national elections, where candidates are not available to come to the classroom, I try to present a balanced portrayal of where the candidates stand on major issues.

Each semester, I invite more than a dozen politicians and others to come to class to discuss current issues to make students more aware and to try to involve them in the electoral process by getting them to do their civic duty and vote.

Tallman’s bill is aimed at elementary, middle and secondary school teachers, not college instructors, although there are others who would approve of a law including them as well.

The bill would also ban teachers from discussing pending legislation, regulations, executive orders or court cases that involve the government.

The idea of a bill like this being supported by the two houses of our state Legislature then being signed by Gov. Tom Wolf borders on the preposterous, but having been in the news business for nearly 60 years, I have seen many harebrained ideas become law because our gatekeepers were asleep at the switch.

Tallman, who was a school board president for two years before he was elected to the state House in 2008, sees this type of classroom talk as “indoctrination.”

He cited a 2007 U.S. Court of Appeals case, Mayer v. Monroe County (Indiana) Community School Inc., which ruled that “the First Amendment does not entitle primary and secondary teachers, when conducting the education of captive audiences, to cover topics, or advocate viewpoints that depart from the curriculum adopted by the school system.”

In that case, teacher Deborah Mayer brought suit claiming that her contract was not renewed for a second year because she honked her horn in support of demonstrators opposing U.S. involvement in the war in Iraq. The demonstrators held signs urging passers-by to beep their horns in support of their cause.

Some parents complained about Mayer, so the school principal told all teachers not to take sides in any political controversy.

Although the ruling applied solely to the 7th District Court in Indiana, it could be used as precedent elsewhere, because the U.S. Supreme Court decided not to get involved in the case.

Think of the implications if Tallman’s proposed bill by some miracle becomes state law: Teachers would not be able to discuss the current debate over whether U.S. Supreme Court nominee Brent Kavanaugh should be confirmed, nor could teachers solicit students’ comments on local political issues such as school safety or whether the cross in the Lehigh County seal violates the First Amendment’s separation of church and state clause.

Such a law would have a chilling effect on social studies teachers, in particular, since they would be unable to introduce any historical parallels between what occurred years ago vs. what is happening today. Remember the paraphrase of the classic George Santayana saying: “Those who cannot learn from history are doomed to repeat it.”

An interesting footnote: Tallman, 70, is not running for re-election this year. Tallman and his wife, Suzanne, plan to go to New Guinea next summer as missionaries.

Most likely, if the bill is ever drawn up and going to have any chance for traction, it would need to be reintroduced when the new legislative session begins in January. If this is the case, Tallman would have to find a surrogate legislator to shepherd it through the legislative process.

Tallman also is co-sponsoring a bill to outlaw school strikes and another that reforms the state Board of Education.

By Bruce Frassinelli | tneditor@tnonline.com