"Mass Legislature was told that they could not discuss the matter either, at a time when the funding of the program was to be debated.
That's a fundamental balance of powers issue -- I'd think no court could limit the speech within a state legislature chamber. Can you expound on that issue?"
Sure. Unfortunately I must rely on the despicable Massnews, since I can't find it in the Globe archives. Would one of the activists who dislike Massnews see if you can find Judge van Gestel's gag order and how Janet Barios interpreted it to the legislature? Thanks in advance.
http://www.massnews.com/past_issues/2000/10_Oct/1000fist5.htm
"Part of the tape was played on Boston talk-radio station WTKK-FM by the host, Jeanine Graf, whom
I've known for years as a vigorous advocate for free speech. The Parents Rights Coalition made the tape
available to others, and GLSEN sued to have it and any transcripts suppressed. On May 17, Suffolk
County Superior Court Judge Allan van Gestel, who moonlights as a lecturer at Harvard Law School,
issued one of the most far-ranging prior-restraint orders in American judicial history. It included not only
the Parents Rights Coalition but anyone, including lawyers, who tried "to disclose or use such tape in any
forum" or its contents. That included the press, electronic and print. Moreover, Jarret Barrios, a
Massachusetts state representative, sent a message to all House aides and representatives in the
Legislature. He warned that because there was a question of whether the students' privacy rights had been violated, the Legislature was also under the gag order. And it agreed. "
So it was not the court who gagged the legislature- it was strongly hinted by a member, and the rest agreed to be "gagged" and not bring up the topic of graphic sex instruction at state-funded conferences where minors were bussed in to attend, in school district schoolbusses.
This dodged the issue, and nobody had to go on record supporting it or denouncing it. Everybody won, and the Safe Schools funding was passed for another year.
Would that there be one bold state legislator willing to bear up and play that tape on the floor!