What if the color “white” and “black” are swapped in CRT material? Is that still free speech?
Yes, the judge says that teaching racism and KKK activism is allowed by private groups.
MtnClimber, You are right, and it looks like this judge is ruling based on his opinion rather than on constitutional guarantees.
“What if the color “white” and “black” are swapped in CRT material?”
What an excellent question. I’d recommend that this test be enshrined in law.
What if the color “white” and “black” are swapped in CRT material? Is that still free speech?
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It’s nothing but hipocrisy on every level.
The first amendment protects your right to religion FROM the government, so because of that you wont have religion forced on you in the schools, but because of free speech and freedom of religion as AN INDIVIDUAL you can practice your faith and speech in school.
The free speech clause of the first amendment does not protect the SCHOOL’S “right” to free speech. It doesn’t exist, and in fact, precedent is that the school cannot force their opinions on the individual, because that in effect squelches the INDIVIDUAL’S right to free speech.
It would never be tolerated. Racial hatred and shaming, as a condition of employment, would be denounced from every angle if the roles were swapped.
I am a fan of the exercise of using the "put the shoe on the other foot" technique and them combine it with the "Reasonable Man" standard.
The other day there was an school union being criticized because they were advocating that, when cutbacks in teachers are implemented, non-Persons of Color would be selected to be let go ahead of "People of Color" regardless of tenure or quality.
What would a "Reasonable Man" say if the policy stated: "In the event of reductions in teacher staff, White employees will be be retained over non-Whites in order to maintain the ratio of Whites to non-Whites regardless of tenure or quality."
A "Reasonable Man" would say that is racist.
DeSantis should’ve gone with the rats motto shop for a judge until you find one that agrees with you.