Federal Judge: Actually There IS A Hate Speech Exception To The 1st Amendment

     Expressing wrongthink is now a clear and present danger: A court has cleared a school to censor a student who wore a t-shirt that said “THERE ARE ONLY TWO GENDERS” because expressing something that others don’t agree with violates the later groups right “to be secure and let alone”.

“Plaintiff … is unable to counter Defendants’ showing that enforcement of the Dress Code was undertaken to protect the invasion of the rights of other students to a safe and secure educational environment. School administrators were well within their discretion to conclude that the statement ‘THERE ARE ONLY TWO GENDERS” may communicate that only two gender identities—male and female—are valid, and any others are invalid or nonexistent, and to conclude that students who identify differently, whether they do so openly or not, have a right to attend school without being confronted by messages attacking their identities. As Tinker explained, schools can prohibit speech that is in “collision with the rights of others to be secure and be let alone.’”

     This is basically the “stochastic terrorism” argument of harm. That someone who identifies as some made up gender might feel bullied because not every student is at least passively validating their delusions.   Of course, if a student wore a t-shirt that said “Gender is a Spectrum”, there is now a school would ban that shirt even if a student who wore that was actively engaging in bullying.

     “Some…” after all, “are more equal than others”.

Meanwhile… in a Massachusetts School.

     Heck, a child simply saying they don’t want drag queens twerking in front of their face would likely be prohibited speech, because only some students can invoke a right to “feel safe” since anyone deemed to be arguing from a position of systemic privilege can’t feel unsafe, dontchaknow.

     The full decision can be read here or below:

L.M. v. Town of Middleborough by ThePoliticalHat

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