Bill would subject satirists who get creative with state seal to jail time

Taking artistic liberties with the South Dakota State Seal could result in jail time if a group of Legislators has its way.

House Bill 1102 would make it a Class 1 misdemeanor to replicate the state seal in a way that isn't "full and complete" and does not include the state motto "Under God The People Rule."

Dozens of Legislators have signed on to the bill and its prime sponsor Rep. Sue Peterson, R-Sioux Falls, said Thursday that she wrote the bill in hopes of giving the secretary of state's office additional authority to police inaccurate or incomplete versions of the seal.

The issue came to her attention when legislators noticed the seal on their state apparel lacked the state motto, Peterson said.

"I think it's because the women's prison does it for us and I think they just didn't have the right piece," Peterson said. "I am aware that there have been misuses of the seal, there were some people who would cut it in half to take artistic license with it. It’s a branding issue and it (the seal) needs to be honored and respected."

But critics of the bill say the way it's written could have unintended consequences, exposing artists or satirists who use the seal to criminal charges.

Robert Mehling, a host on the Sioux Empire Podcast, said when he first learned of the bill, he felt targeted considering his show recently used an altered state seal to draw attention to law enforcement in South Dakota using forced catheterization to collect urine samples.

More: ACLU suing S.D. law enforcement, Avera hospital over forced urine collection

Instead of the usual rolling hills being cut with the Missouri River, Mehling replaced the seal with an image from the Spanish Inquisition portraying a subject being tortured.

"I read the bill and it felt like they were specifically talking about our artwork," he said. "It's specifically targeting small online satirical artwork."

Mehling said he plans to write as many legislators as possible asking them to abandon their support for the bill. He's also considering making a trip to Pierre when it's heard in committee.

If he does, he'll likely be joined in his opposition by the American Civil Liberties Union lobbyists.

Libby Skarin, policy director for the American Civil Liberties Union of South Dakota, said the legislation is in conflict with the First Amendment, which protects freedom of expression.

"It's not a road that’s constitutional and it’s not a road we want to go down," Skarin said.

Peterson said she wasn't aiming to address Mehling's image with her bill, but advised those using the seal without express permission to reconsider.

“Anybody that is using it in a way that is not consistent with the Constitution and state law should take a look at it and not do it anymore," Peterson said.

Follow Joe Sneve on Twitter @Argus_Joe and Dana Ferguson @bydanaferguson