Is Stupidity Protected by the First Amendment?
terribly early in the morning on Sunday, the 26th of April 2009 by Katie
A case out of Philadelphia.
Philadelphia passed a law requiring that tour guides pass knowledge tests and get a license to perform their job. They thought that is was necessary, because too many historic tour guides didn’t have a clue about their history. (Amusingly, to get licensed, a guide only needs to answer 65% of 150 questions correctly.)
Now, some tour guides (I am assuming the stupid ones) are suing because they say that it violates their right to freedom of speech.
Federal judge weighs Philadelphia tour guide law.
Evidently, some of the inaccuracies included:
- Benjamin Franklin had 69 illegitimate children
- Three-time widow Betsy Ross killed her husbands
- The statue on top of City Hall was said to be of Ben Franklin — it’s William Penn
- That homes were once taxed based on how wide they were.
So, do you think that a tour guide has the right to give incorrect information to tourists?
My take – I don’t like licensing, but not for the above reasons. I just don’t like licensing, because it is another bogus cash source for the government. I also think that a 65% accuracy requirement is ludicrously low. That wouldn’t even be a passing grade in any school, so why set the bar that low?
My solution – the employer administers a history exam during the initial hiring process. I don’t see the need to license tour guides, but I do believe that the employer has the right to screen applicants to ensure that they are qualified to do the job. I also do not believe that employees always have the right to freedom of speech during their on the job time.
(2 votes, average: 5.00 out of 5) 
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April 26th, 2009 at 7:16 am
I actually like the idea of licensing and qualifying to become a tour guide. The fee doesn’t have to be that high that it will be a hardship. I say this because I look at it from the tourist’s side. If you pay these people to give you a guided tour and provide some historical background, you want that info to be accurate. Otherwise you are being bilked. A guide that doesn’t know the history is defrauding the tourist. Since tourism is such a big money industry in Philly they must protect the tourist.
April 26th, 2009 at 7:27 am
Bob, I’m with you in the fact that I think that the tourist has a reasonable expectation that the info that they receive is correct. They are paying for correct info, and that is what they should receive.
So, I’m all for testing and qualifications for tour guides. I just think that they could be done by the employer, not by the government.
Of course, many of the tour guides in question probably are employed by the government, since many probably work for Parks and Rec. or Park Services.
I still think that the “threshold” for passing is pitiful. Basically, if you come to Philly, even if the guide is licensed, only 6 out of 10 “facts” given by the guide might be correct.
April 26th, 2009 at 1:46 pm
You know, I can see the dept of parks and rec or whoever offering a fairly comprehensive exam. And giving out a certificate with a score.
That’s where private enterprise steps in: each company can advertise “All our tour guides have take the exam, and we have an average score of 97%, much higher than our lazy know nothing competition.”
But then I’m sure that one company would sue because they hire dopes, and that’s discrimination, blah blah blah.
April 26th, 2009 at 5:28 pm
Katie didn’t you post on this same story some time back.. or I am having a vicious deja vu here..
this story is interesting.. how it could even be argued about someone being required to know their job.. how on earth can these people even think that it is wrong for them to know their job.. how??
i think those same people need see an unqualified surgeon, one that received no higher than a D average.. and did not passs any exams, well goes with out saying, is it possible to pass with a D? Not where I went to school, even in grade school a D was failing. and we all know public schools do not have high standards.
so these same idiots need to see a failing surgeon who never got through school, when they seek a lawyer they need one that never pased the bar, for a mechanic they need one who could not fix a bicycle! and for an accountant someone who hummm i guess would be chosen by obama.. (grin).
this world is obviously going to hell isn’t it?
April 27th, 2009 at 2:56 am
Yes, Tina, this was discussed before. Last year. The true “news” bit is that it has moved from a filing to the court. But, I thought that it was interesting….
People trust that their tour guides are giving the correct info. Why else pay for them? And to find out the even the licensed ones will give wrong answers for 1 out of 3 questions is amazing….
April 29th, 2009 at 11:48 pm
Katie.. thank you for the update on this.. I can not believe it still is rolling around out there.. this is a no brainer.. People should know their jobs.. Heck there is “training” for fast food!