Biden Justice Department Sides Against Free Speech Advocates in Big First Amendment Case

The U.S. Supreme Court will hear oral arguments later this term in a case that pits free speech advocates against public school officials who seek to punish students for certain off-campus social media posts. Last week, the Biden Justice Department entered the fray with an amicus brief that opposes the free speech side.

The case is Mahanoy Area School District v. B.L. In 2017, a high school freshman and junior varsity cheerleading team member took to the social media site Snapchat in order to complain about her failure to make the varsity cheerleading squad. The student—known by the initials B.L. in court filings because she is a minor—posted a picture of herself and one of her friends with their middle fingers raised accompanied by the text “fuck school fuck softball fuck cheer fuck everything.” She was suspended from the team as a result of that post.

B.L. and her parents, represented by the American Civil Liberties Union of Pennsylvania, are now battling the school in court. They argue that the First Amendment flatly prevents school officials from punishing students for such entirely off-campus speech. “In a weekend comment in an evanescent Snapchat message,” B.L.’s legal team argued in a court filing, “B.L. swore in expressing her disappointment at not making the varsity team to her friends. The notion that a school can discipline a student for that kind of spontaneous, non-threatening, non-harassing expression is contrary to our First Amendment tradition, and finds no support in [the Supreme Court’s] student speech cases.”

In Tinker v. Des Moines Independent Community School District (1968), the Supreme Court forbade public school officials from punishing students for exercising their First Amendment rights on school grounds unless the speech at issue “would materially and substantially interfere with the requirements of appropriate discipline and in the operation of the school.”

In 2020, the U.S. Court of Appeals for the 3rd Circuit invoked that precedent while ruling in B.L.’s favor. “Tinker does not apply to off-campus speech—that is, speech that is outside school-owned, -operated, or -supervised channels and that is not reasonably interpreted as bearing the school’s imprimatur,” the appeals court held.

The Biden Justice Department is now asking the Supreme Court to undo B.L.’s sweeping First Amendment victory at the 3rd Circuit. “The court of appeals incorrectly held that off-campus student speech is categorically immune from discipline by public-school officials,” the government argued in a friend of the court brief filed in support of the Mahanoy Area School District.

According to the Biden Justice Department, while some off-campus speech deserves constitutional protection, the 3rd Circuit went too far, unfairly hamstringing school officials, who, the government maintained, require significant leeway when it comes to regulating and punishing student speech. “When the student’s off-campus speech targets an extracurricular athletic program in which the student participates,” the brief argued, “such speech might properly be regarded as school speech that is potentially subject to discipline by school officials if, for instance, it intentionally targets a feature that is essential to or inherent in the athletic program itself.”

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NY lawmaker wants sex ed for kindergartners

Get ready for the latest woke wave in education: comprehensive sex ed for kids as young as 5 — thanks to a new bill in the state Senate.

Legislation sponsored by state Sen. Samra G. Brouk, a freshman Democrat from Rochester, would tie New York’s health curriculum to standards written by a left-wing interest group that advocates “Sex Ed for Social Change” — and would make those lessons mandatory statewide.

Under that group’s current standards, public and charter schools would have to teach 5-year-olds about “gender identity” and instruct 8-year-olds on hormone blockers to prevent puberty in transgender-identifying preteens.

Kids as young as 11 would get lectures on “vaginal, oral, and anal sex”; study “queer, two-spirit, asexual, pansexual” and other gender identities; and receive explicit instruction on the use of external and internal condoms, dental dams and other contraceptives.

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Arizona Education Department Provides ‘Equity Toolkit’ That Shows Racism Starts At 3 Months Old

The Arizona Department of Education reportedly created an “equity toolkit” that includes an infographic that shows how racism develops in children as young as three-months old, and recommended readings that suggest that white people are “ignorant, color-blind, and racist,” Discovery Institute scholar Christopher Rufo reported.

The toolkit shows a spectrum of children from birth to ages over six, with the title “They’re not too young to talk about race!” It cites a study that shows at birth, “babies look equally at faces of all races. At 3 months, babies look more at faces that match the race of their caregivers.” 

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If You Liked Common Core, You’re Going To Love Joe Biden’s Anti-American Civics Project

It’s deja vu all over again. A coalition of government- and billionaire-funded nonprofits has a “bipartisan” plan for national curriculum goals, this time concerning U.S. history and government. Today this “state-led” coalition is releasing a major report they hope will get the attention of the Biden administration and state governors to “collaboratively” enact their vision nationwide.

Remember, these sorts of national plans are supported by people on the right and left, so there can be no need for further investigation or any public questioning. The experts have got this problem all figured out. Your children and the nation’s future are in their hands. Trust them, these are experts under whose leadership the nation’s civic and historical knowledge not only hasn’t improved but may be at the worst point in possibly all of American history, because of — oops, I mean in spite of their best efforts!

More than 300 “leading scholars” have spent 17 months putting together a “roadmap” for “what and how to teach integrated K-12 history and civics for today’s learners.” It’s a “cross-ideological conversation about civic learning and history at a time when our country needs it the most,” so don’t worry your pretty little heads about anything and let the experts sort it out! What could go wrong?

What, you heard that the Smithsonian is saturating its exhibits and materials with social-justice saturated fake history and forking over good taxpayer money for racist propaganda, and therefore you’re a bit concerned about their involvement in this project? What’s wrong with you, the Smithsonian is an old and venerable American institution! Republican senators are putting billions of dollars behind its promotion of cultural Marxism!

Did we mention this project is also bipartisan? The education secretaries for Bill Clinton, George W. Bush, and Barack Obama are all on board, of course. They presided over a massive decline in U.S. education quality and increase in bureaucracy, so you know it’s a good idea!

The DC uniparty has just the perfect solution for American kids’ dangerous ignorance about their nation’s founding principles, system of government, and history. It’s making them into political activists! It’s called “action civics.” Isn’t that exciting? Sandra Day O’Connor and Ruth Bader Ginsburg were big fans. Remember them? So are Sonia Sotomayor and Elena Kagan, those models of respect for the U.S. Constitution!

No, kids don’t need to know anything to lobby their local, state, and national governments, that would ruin the effect. Everyone knows learning is boring! What’s fun is action! Action civics! You know, like the nation saw in the past year or so, all those refreshing young people protesting in the streets for racial justice.

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Citing Racial Inequities, Boston Public Schools Suspend New Advanced Learning Classes

A selective program for high-performing fourth, fifth and sixth graders in Boston has suspended enrollment due to the pandemic and concerns about equity in the program, GBH News has learned.

Superintendent Brenda Cassellius recommended the one-year hiatus for the program, known as Advanced Work Classes, saying the district would not proceed with the program for new students next year.

“There’s been a lot of inequities that have been brought to the light in the pandemic that we have to address,” Cassellius told GBH News. “There’s a lot of work we have to do in the district to be antiracist and have policies where all of our students have a fair shot at an equitable and excellent education.”

New students will be admitted in the fourth grade by standards to be determined at the school level, according to a BPS spokesman.

There will be no new students admitted in the fifth or sixth grades, the spokesman said, but those already in advanced work will be allowed to continue.

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Virginia school system cancels Dr. Seuss, citing racial ‘undertones’ in writings

Celebrated American children’s author Dr. Seuss is now considered too controversial for one of Virginia’s largest school districts, a new report reveals. 

For over two decades, Dr. Seuss’s birthday has been celebrated in schools as Read Across America Day — a day dedicated to the importance of reading and literacy. The day falls on Dr. Seuss’s birthday in honor of the impactful author, whose books have helped countless children learn to read across the globe.

But folllowing pressure from activists, Loudon County Public Schools is reportedly dropping the annual Dr. Seuss celebration. 

“Realizing that many schools continue to celebrate ‘Read Across America Day’ in partial recognition of Dr. Seuss’ birthday, it is important for us to be cognizant of research that may challenge our practice in this regard,” Loudoun County Schools said in an announcement reported by the Daily Wire.

“As we become more culturally responsive and racially conscious, all building leaders should know that in recent years there has been research revealing radical undertones in the books written and the illustrations drawn by Dr. Seuss,” the school district continued.

Learning for Justice, a liberal education advocacy group, was reportedly behind the pressure campaign against the celebrated children’s author. The organization pegs itself as a group that seeks “to uphold the mission” of the left-wing Southern Poverty Law Center, according to their website.

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