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Schools cannot ban 'merely offensive' speech on gender identity, appeals court rules
Just the News ^ | 10/4/23 | Greg Piper

Posted on 10/05/2023 1:54:42 AM PDT by CFW

Fifty-six years after it exempted antiwar teenagers from First Amendment protections while on campus, a federal appeals court in America's heartland affirmed students' speech rights in public schools on an equally contentious subject today.

The St. Louis-based 8th U.S. Circuit Court of Appeals issued a preliminary injunction Monday against an Iowa school district policy that threatens suspension and expulsion for "intentional and/or persistent refusal … to respect" a peer's gender identity, finding it's likely too vague to survive legal scrutiny.

"A school district cannot avoid the strictures of the First Amendment simply by defining certain speech as 'bullying' or 'harassment'" as did the Linn-Mar Community School District, the three-judge panel ruled in a case that drew friend-of-the-court briefs by dozens of conservative and religious groups and 18 Republican-led states in favor of the plaintiffs.

[snip]

Speech cannot be regulated as an "invasion of the rights of others" because it is "merely offensive to some listener," the 8th Circuit said, quoting Tinker and a 3rd Circuit ruling written by future Justice Samuel Alito that struck down a policy prohibiting "unwelcome" verbal or written conduct that "offends, denigrates or belittles" based on "personal characteristics."

(Excerpt) Read more at justthenews.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Extended News; Government; Politics/Elections
KEYWORDS: 8thcircuit; children; firstamendment; genderconfused; iowa; linnmar; newspeak; school; schools; transgender; transgiblets; transtapo
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A good ruling from the Eight Circuit.
1 posted on 10/05/2023 1:54:42 AM PDT by CFW
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To: CFW

I’m sure that will be changing soon based on what is happening in Switzerland.

Swiss writer who called journalist ‘fat lesbian’ sentenced to 60 days in prison
https://nypost.com/2023/10/04/swiss-writer-who-called-journalist-fat-lesbian-sentenced-to-60-days-in-prison/


2 posted on 10/05/2023 1:58:23 AM PDT by Tom Tetroxide
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To: CFW

Meaning the government will still allow children to not tell a fib.


3 posted on 10/05/2023 1:58:46 AM PDT by Telepathic Intruder
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To: Tom Tetroxide

How fat was this lesbian?


4 posted on 10/05/2023 2:20:21 AM PDT by Wally_Kalbacken
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To: CFW

There are zero human genders. There are two sexes and a tiny number of people with sexual deformities.


5 posted on 10/05/2023 2:20:29 AM PDT by gitmo
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To: gitmo

“There are zero human genders. There are two sexes and a tiny number of people with sexual deformities.”

Which used to be a commonly known fact. Until our educational system undergoes a drastic change and we start teaching actual science and biology once again, the delusions will continue. The only way to do that is to starve the beast. Parents need to remove their children from the public school system until those changes have been made.

Successful people do not strive to live in public housing. Why do they strive to put their children in public schools? You get the same level of low quality from the two and both are overrun with filth and crime.


6 posted on 10/05/2023 2:40:59 AM PDT by CFW (I will not comply!)
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To: Telepathic Intruder
"Changing Students' Names, Pronouns Without Parental Consent Violates Parental Rights: Judge"

From the article:

"A Wisconsin school district's insistence on using different names and pronouns for students claiming to be of another gender violates the rights of parents, a judge ruled on Oct. 3. The Kettle Moraine School District "went against the parents’ wishes on how to medically treat their child," Waukesha County Judge Michael Maxwell wrote in his ruling (pdf). "This directly implicates an infringement against the parental autonomy right to direct the care for their child.""

Changing Students' Names, Pronouns Without Parental Consent Violates Parental Rights: Judge

--- Parents are pushing back and slowly winning in the Courts.

7 posted on 10/05/2023 2:47:20 AM PDT by CFW (I will not comply!)
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To: Wally_Kalbacken

IOWs... More or less than a 12pk!??


8 posted on 10/05/2023 2:47:31 AM PDT by sit-rep
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To: CFW

It feels good to occasionally see a ruling that favors the “good guys”.


9 posted on 10/05/2023 2:52:01 AM PDT by octex
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To: CFW
"A school district cannot avoid the strictures of the First Amendment simply by defining certain speech as 'bullying' or 'harassment'"

Now do the Second Amendment and that whole "shall not be infringed" thing.

10 posted on 10/05/2023 3:21:50 AM PDT by ClearCase_guy (They say "Our Democracy" but they mean Cosa Nostra.)
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To: CFW
"Sticks and stones may break my bones, but words will never hurt me"

In democrat bizarro world it's the opposite - - six thugs kicking an unconscious victim on the street is NOT considered as violent as a person saying 'the black community has violence issues'.

The sexual weirdo community is even worse - feeling that using the wrong pronoun is worse than the sexual mutilation of children..

11 posted on 10/05/2023 4:02:43 AM PDT by GOPJ (MSNBC bimbos and pretentious 'men': "THE ELITE " ARE NOT "THE 1%". MAGA's not Marxist/Class envy..)
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To: Tom Tetroxide

I looked before, she is in fact a fat professional lesbian and she is mighty ugly too.


12 posted on 10/05/2023 4:06:18 AM PDT by armourenthusiast (I capitalize everything related to South)
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To: Tom Tetroxide

That’s a difference between the USA and most of the rest of the world.

‘Speech cannot be regulated as an “invasion of the rights of others” because it is “merely offensive to some listener,” the 8th Circuit said, quoting Tinker and a 3rd Circuit ruling written by future Justice Samuel Alito that struck down a policy prohibiting “unwelcome” verbal or written conduct that “offends, denigrates or belittles” based on “personal characteristics.”’


13 posted on 10/05/2023 4:24:51 AM PDT by TheDon (Resist the usurpers! Remember the J6 political prisoners!)
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To: CFW

“”A school district cannot avoid the strictures of the First Amendment simply by defining certain speech as ‘bullying’ or ‘harassment’””

In fact, there NEEDS to be such speech.

Free Speech was designed to threaten the establishment, and not coddle it. People tend to think the 2nd Amendment was the threat in the Bill of Rights, but the 1st Amendment is first for a reason and that is to threaten those that threaten us.


14 posted on 10/05/2023 4:27:34 AM PDT by CodeToad (Arm Up! They Have!)
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To: Wally_Kalbacken; Tom Tetroxide

Which part of the statement was illegal?

Fat or lesbian?


15 posted on 10/05/2023 4:31:44 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: CFW

“Speech cannot be regulated as an ‘invasion of the rights of others’ because it is ‘merely offensive to some listener’,”

We’ve known that ... like ... forever. The Construction doesn’t guarantee Americans’ the right to not be offended.


16 posted on 10/05/2023 4:49:56 AM PDT by MayflowerMadam ("Normal" is never coming back.)
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To: MayflowerMadam
The Construction doesn’t guarantee Americans’ the right to not be offended.

Except in the workplace.

The fear of being sued for allowing a ‘Hostile Work Environment’ has forced employers to silence their employees on the matter of trans employees.

From my own experience I can tell you that working with a Trans employee is a hostile work environment

The tension of being in fear of your job if you slip and call that person by their real name is intense.

17 posted on 10/05/2023 4:57:20 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: CFW

Apparently the Linn-Mar (IA) Community School District superintendent Shannon Bisgard has resigned and is being replaced by Amy Kortemeyer.


18 posted on 10/05/2023 5:00:18 AM PDT by Carl Vehse
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To: CFW
intentional and/or persistent refusal … to respect" a peer's gender identity

Fprtunately, it appears that a growing number of people are refusing to participate in -- much less celebrate -- the delusions of the seriously mentally ill.

19 posted on 10/05/2023 5:01:30 AM PDT by glennaro (Never give up ... never give in ... never surrender ... and enjoy every minute of doing so.)
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To: CFW
Successful people do not strive to live in public housing. Why do they strive to put their children in public schools? You get the same level of low quality from the two and both are overrun with filth and crime.

I tell that to everyone who will listen, which is not many people...
Public education is welfare. The quality is low, like the quality of government-issued meals. The main difference is the cheese goes into your child's mind.
People who think they can't afford anything better, should think twice.

20 posted on 10/05/2023 5:15:58 AM PDT by Buttons12 ( )
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