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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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To: CFW

The idiotic notion that “I identify as ….” is ridiculous. It doesn’t matter to anyone what another may “identify as”. I am not responsible for acknowledging what one may “identify as”, nor will I be compelled to give a damn what anyone may “identify as”. Likewise, I will never pander to anyone’s mental delusions no matter how much the left demands it.


21 posted on 10/05/2023 5:40:58 AM PDT by bk1000 (Banned from Breitbart)
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To: CFW

I’m a non-binary bisexual.

lol...it doesn’t compute.


22 posted on 10/05/2023 5:52:50 AM PDT by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: CFW

common sense ruling!

trans morons have no more right to be called what they wish than I to demand to be addressed as supreme ruler


23 posted on 10/05/2023 5:54:55 AM PDT by TexasFreeper2009
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To: CFW

Good, now needs to be adopted nationwide, we’re not only schools, but for everyone!


24 posted on 10/05/2023 6:15:26 AM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected. No Baggage, No Drama.)
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To: GOPJ

Exactly. We’ll just sweep the former under the rug in screech about discrimination with the rest of it.


25 posted on 10/05/2023 6:20:54 AM PDT by matt04 ( )
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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,””

Good ruling. If the school’s policy had been allowed to stand, silence would be the only acceptable because practically everything is “offensive” to someone. Want to talk about the weather? Suzie Q’s brother was killed in a storm and is upset by talk about the weather. Can’t talk about history because racism. Same with English and math.


26 posted on 10/05/2023 6:21:42 AM PDT by Blood of Tyrants ( "It is easier to fool people than to convince them they have been fooled."- Mark Twain)
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To: Tom Tetroxide
I’m sure that will be changing soon based on what is happening in Switzerland.

Why? Do we always do what Switzerland does?

27 posted on 10/05/2023 6:24:35 AM PDT by norcal joe
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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," 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."

"A concurrence by Judge Jane Kelly, the Obama appointee, emphasized the district "may have used language that is insufficiently tailored" to ensuring students of all gender identities "can learn effectively," but "the goal itself" is both "well within the scope of the District’s educational mission" and "mandated by law."

If it's "mandated by law", genius, why did you concur?

Because got overruled and sent back to the kitchen to make sammiches and decided to run your mouth on the way out.

Oh yeah, by the way Judge, you're a simpering bitch. Protected speech and all that.

28 posted on 10/05/2023 6:35:44 AM PDT by StAnDeliver (TrumpII)
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To: bk1000

“The idiotic notion that “I identify as ….” is ridiculous. It doesn’t matter to anyone what another may “identify as”. I am not responsible for acknowledging what one may “identify as”, nor will I be compelled to give a damn what anyone may “identify as”. Likewise, I will never pander to anyone’s mental delusions no matter how much the left demands it.”


Exactly! Pronouns are my speech. Someone else cannot dictate my words just because they disagree with them or the words hurt their feelings. Pronouns belong to the speaker, not the one being spoken of or to, when the words are being spoken.


29 posted on 10/05/2023 7:24:08 AM PDT by CFW (I will not comply!)
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To: Buttons12

“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.”


People who say they can’t afford anything but “public” education, will go and purchase a new car with $600.00 per month payments over a 7-year period. Do without that new car and buy a decent one for a third of the price. Is what you drive more important than your child’s education? You will buy the best car you can afford while accepting that your child should only have the lowest quality education available. How foolish and selfish.


30 posted on 10/05/2023 7:30:00 AM PDT by CFW (I will not comply!)
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To: Tom Tetroxide

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

How does a ruling in Switzerland affect anything in the US?


31 posted on 10/05/2023 8:05:58 AM PDT by sergeantdave (AI is the next iteration of a copy and paste machine.)
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To: sergeantdave

You don’t know about how the judges, attorneys, and legislators look to Europeon law to make laws and adjudicate cases in the US?


32 posted on 10/05/2023 8:21:49 AM PDT by Tom Tetroxide
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To: Pontiac

Probably both!


33 posted on 10/05/2023 8:22:21 AM PDT by Tom Tetroxide
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To: CFW
A temporary victory. Polls show that, for the first time in history, a majority of young Americans (Gen Z) think that "hate speech" and offensive speech should be illegal.

Forty years from now, when Gen Z judges dominate the courts, the U.S. will have as much free speech as Britain does today.

34 posted on 10/05/2023 8:27:00 AM PDT by Angelino97
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To: matt04
The problem with the lies 'intelligence thugs' tell about us - without ever having to show any statistics beyond bimbo hysteria or proof...matters.

Like President Sniffer saying how 'dangerous' we are - - or 'deplorable' or whatever ...is that the justification for the full force of the government being used to paint almost half of American citizens as 'terrorists' - WITHOUT ANYTHING BEYOND ANECDOTAL CRAPOLA HEARSAY 'EVIDENCE'...

This is not minor - we need to confront the goons in the FBI and Homeland to put up or shut up. Where is their proof in numbers? In convictions, in prison population numbers?

If we're committing all the crimes why aren't the prisons filled with white middle class men? And what exactly ARE those crimes? Secret crimes? "Crimes" not adjudicated in court rooms? Only spoken about in hushed gossip between the FBI and SPLC and democrat totalitarians? Secret police stuff? Why NOT share what these 'crimes' are? We have thousands of examples of fake hate crimes if that what the secret police state is talking about.

Shine the light of day on your proof. Your butt boys at the Washington Post and New York Times would be more than happy to flood the zone with reporters to show the world 'the crimes' of MAGA. Give 'em your proof of the 'vast right wing conspiracy' or whatever updated name you thugs are calling it today.

35 posted on 10/05/2023 8:35:56 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: matt04
The problem with the lies 'intelligence thugs' tell about us - without ever having to show any statistics beyond bimbo hysteria or proof...matters.

Like President Sniffer saying how 'dangerous' we are - - or 'deplorable' or whatever ...is that the justification for the full force of the government using to paint almost half of American citizens as 'terrorists' - WITHOUT ANYTHING BEYOND ANECDOTAL CRAPOLA HEARSAY 'EVIDENCE'...

This is not minor - we need to confront the goons in the FBI and Homeland to put up or shut up. Where is their proof in numbers? In convictions, in prison population numbers?

If we're committing all the crimes why aren't the prisons filled with white middle class men? And what exactly ARE those crimes? Secret crimes? "Crimes" not adjudicated in court rooms? Only spoken about in hushed gossip between the FBI and SPLC and democrat totalitarians? Secret police stuff? Why NOT share what these 'crimes' are? We have thousands of examples of fake hate crimes if that what the secret police state is talking about.

Shine the light of day on your proof. Your butt boys at the Washington Post and New York Times would be more than happy to flood the zone with reporters to show the world 'the crimes' of MAGA. Give 'em your proof of the 'vast right wing conspiracy' or whatever updated name you thugs are calling it today.

36 posted on 10/05/2023 8:37:12 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: gitmo

Exactly.

And for years, people treated those born different (XXY, XYY, hermaphrodites, etc.) with compassion or at least sympathy and understanding.

It wasn’t until the last decade that a diagnosis of transgender no longer required extensive testing and an underlying medical condition. Now, it’s all about “feelings” and everyone can be trans, pushing drugs and surgery on kids. Moreover, every freak is climbing on the trans bus (drag queens, cross dressers).

It’s antithetical to actual science and has caused a huge backlash and grave disservice to those truly born different.


37 posted on 10/07/2023 10:48:56 PM PDT by TheWriterTX (Trust not in earthly princes....!)
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