by David Safier

According to a Media Release from Save Ethnic Studies,

On May 25, attorney Richard M. Martinez filed a motion for summary judgment in the case against HB 2281. The motion, filed on behalf of the 13 litigants in the case (11 TUSD Mexican American Studies instructors and two TUSD students), makes the case that the prohibitions outlined in HB 2281 are too vague and broad and violate the first amendment rights of teachers, schools and students. Since every provision of the law violates the constitution, the motion calls for the law to be overturned in its entirety.

You can read the whole MSJ here. I don't have the legal chops or the patience to wade through it myself. The Media Release does a good job of summarizing the points, which deal with the provisions of HB2281 and show how they can't be used against the MAS program exclusively. They are so broad, they would apply to many classrooms and seriously restrict the course content, discussion and even freedom of speech. An example:

In part b (promotes resentment toward a race or class of people), the motion uses the example of a possible discussion of jihad and the attacks of September 11. Could this promote bitterness toward Muslims and therefore make the topic off limits for discussion?  For that matter, might a discussion of the Apache raids in Arizona promote resentment toward Apaches?

You can read the whole Media Release after the jump.