There is a major ruling out of the United States States Court of Appeals for the Ninth Circuit in favor of a middle school science teacher, Eric Dodge, who was barred from wearing a “Make America Great Again” baseball cap and later berated by the principal, Caroline Garrett, as a “racist” and a “homophobe.” The unanimous court ruled that the hat was protected speech under the First Amendment.
District Court judge James L. Robart ruled against Dodge and dismissed the case in its entirety. (Robart is the judge who was publicly denounced by former President Trump). Robart dismissed the case on the grounds of qualified immunity or a failure to substantiate claims.
The Ninth Circuit reversed Robart, but it did uphold the dismissal of the case against two defendants, the Evergreen Public Schools district and the district’s Chief Human Resources Officer Jenae Gomes.
Eric Dodge had only recently been assigned to the school after he recovered from a stroke. He is a 17-year veteran of the Evergreen district. He told Garrett that he wore the hat because he had sensitive spots on his scalp that had to be protected from the sun. He also said that he agreed with the message of the hat. Garrett said that the hat represented hate and prejudice to many others.
Garrett’s view of the MAGA hat as a symbol of hate has been fueled in the media by various leaders, particularly President Joe Biden who was denounced for his attacks on “MAGA Republicans” in his Philadelphia speech. We have also seen students and others attacked for wearing the hats. At Fordham University, a coffee shop banned the wearing of the hats.
Dodge wore the bright-red “MAGA” to a cultural sensitivity training. He actually did not wear the hat in the training session with around 60 people but put it on the table or next to him. Nevertheless, some attendees complained that they felt “intimidated” and “threatened” by Dodge’s decision to have the hat with him.
The choice of headwear did not go over well with Garrett in particular:
“The first day, Principal Garrett, who was Dodge’s supervisor, told him that he needed to use “better judgment” and not have his MAGA hat at Wy’east. The second day, she called him a racist, a bigot, a homophobe, and a liar, and swore at him for having his MAGA hat with him again. By itself, such criticism or “bad-mouthing” does not constitute an adverse employment action sufficient for a First Amendment retaliation claim. … Principal Garrett also has First Amendment rights after all. See id. (“It would be the height of irony, indeed, if mere speech, in response to speech, could constitute a First Amendment violation.”). But Principal Garrett went beyond criticizing Dodge’s political views. She suggested that disciplinary action could occur if she saw Dodge with his hat again by referencing the need for union representation: “The next time I see you with that hat, you need to have your union rep. Bring your rep because I’ll have my own.” It is hardly controversial that threatening a subordinate’s employment if they do not stop engaging in protected speech is reasonably likely to deter that person from speaking. … Principal Garrett claims that she was “[s]imply advising Mr. Dodge of his right to have a representative at any future conversations about the hat,” which is his right under his collective bargaining agreement. This characterization undersells the import and implications that a reasonable employee would attribute to such a statement.”
The Ninth Circuit ruled that the school district failed to show evidence of a “tangible disruption” to school operations that would outweigh the teacher’s First Amendment rights.
Notably, there was “no general prohibition on political speech” when Garrett told Dodge he could not bring his MAGA hat to school. His counsel noted that Garrett allowed a Black Lives Matter poster to hang in the library and had a Bernie Sanders bumper sticker on her car.
The Ninth Circuit correctly ruled in favor of Dodge. It found:
“Dodge’s speech was his display of Donald Trump’s presidential campaign slogan on a red hat. The content of this speech is quintessentially a matter of public concern. The messages of candidates for public office are not only newsworthy; they inherently relate to the ‘political, social, or other concern to the community.” Lane, 573 U.S. at 241 … Indeed, Principal Garrett and others viewed Dodge’s hat as a comment on issues such as immigration, racism, and bigotry, which are all matters of public concern. … And regardless of Dodge’s intent, the MAGA hat has an obvious political nature.”
We have previously discussed court rulings against employees who insisted on wearing political hats or symbols at work. The Ninth Circuit distinguished this case where a teacher was not in class or interacting with students:
“Here, Dodge had no official duty to wear the MAGA hat, and it was not required to perform his job. Nor did he wear the hat in school with students. That distinguishes this case from other cases involving speech in schools where the speech was reasonably viewed by students and parents as officially promoted by the school. … Where Dodge was not taking ‘advantage of his position to press his particular views upon the impressionable and ‘captive’ minds before him,’ Poway Unified Sch. Dist., 658 F.3d at 968, but rather was displaying a message on a personal item while attending a teacher-only training, we have little trouble concluding that he was engaging in expression as a private citizen, not a public employee.
Because the undisputed facts demonstrate that Dodge’s MAGA hat conveyed a message of public concern and he was acting as a private citizen in expressing that message, we conclude that Dodge was engaged in speech protected by the First Amendment.”
The Ninth Circuit was clearly correct in finding the hat to be protected speech. What is concerning is the lack of any discipline for Garrett or others who sought to prevent opposing political views from being expressed by teachers. The denial of free speech should be treated as seriously as other abuses. There should be consequences for administrators who discriminate on the basis on race, gender, religion, sexual orientation, or political viewpoints. This was a denial of First Amendment rights that should warrant some adverse action for those responsible in the school district.
While Garrett chastised Dodge to use “better judgment” in the future, the question is whether she or other administrators will do so in light of this ruling. They showed terrible judgment in attacking Dodge over his political views. Others showed equally bad judgment in litigating this case rather than settling the matter with Dodge.
This ruling will certainly create clear guidelines for the future, but the case also shows the sense of license of many teachers in curtailing the rights of others with opposing political views. That sense of license will continue despite this ruling if there are no consequences for denying free speech rights.
Here is the opinion: Dodge v. Evergreen District
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If liberals could not bully others, what would they do with all their time?
Anyways, Make America Great Again, Black Lives Matter, All Lives Matter, and so on, are all undeniably true. Well, in the case of MAGA, it’s an undeniably worthy goal that every American should be on board with.
Order in the court.
Order in the school.
Well that took a true Algonquin Roundtable to figure out that political speech is protected speech under the First Amendment. Now somebody needs to adminster that Rorschach test to District Court judge James L. Robart.
Diversity? Trans/humanism?
Deny her individual dignity, deny her individual conscience, deny her intrinsic value… deny her sex and gender and she will no longer be a woman. Raise the Rainbow banner, celebrate albinophobia in family formations of lions, lionesses, and their unPlanned cubs playing in gay revelry.
The principal called this man a racist and a homophobe ? Based on what ? She is the one that should be disciplined, if not fired. Next. Where is the school board in all this mess ? Surly this matter did not become a Federal case without their blessing and that of the superintendent. This is not just about teacher vrs principal. It is about teacher vrs principal and all those who supported her by allowing this to make it to court.
These days most bureaucrats no longer care about controlling litigation costs when keeping up appearances and egos matter more.
I knew administrators who bragged that they could do as they pleased because as officers of the institution, they could not be held individually responsible for what they did. The institution could be, but it was well endowed and had powerful friends, so they indeed did as they pleased and suffered no consequences for doing so, although the rest of us did on occasion.
I have wondered ever since I was old enough to realize that we lived in a country with a Constitution and a Bill of Rights, how we could reconcile our representative democracy and the rights we theoretically enjoyed with the places we spent most of our lives — schools, businesses, military organizations — all of which were hierarchical and authoritarian, more like petty dictatorships ruled by tin-pot tyrants than shining cities on a hill.
I have never quite figured out how the two manage to coexist, but they do, and I no longer spend much time thinking about the contradiction, although perhaps I should.
The clear and present risk of democratic/dictatorial progress is why America was incorporated with a republican form of government and constitution that limited its authority.
I too am an “old guy”.
I understand your position. The system is stacked against the citizens. It will remain that way so long as the Government has NO skin in the game. Everyone in the courtroom, except you and the jury, has something to gain by your conviction. On way to help level the playing field would be to require the Government to pay the legal fees and monetary loss when they fail to win their case.
Turley claims: “Garrett’s view of the MAGA hat as a symbol of hate has been fueled in the media by various leaders, particularly President Joe Biden who was denounced for his attacks on “MAGA Republicans” in his Philadelphia speech”
Turley, Americans don’t need “media: or President Biden to explain why MAGA hats are a symbol of hate and therefore, anti-American.We all heard Trump say that migrants are “rapists, murderers, criminals, and animals”. He praised White Supremacists as “fine people”. We all saw MAGA-hat wearing idiots who believed the Big Lie invade our Capitol, urinate and defecate on our symbol of freedom, who tried to stop the peaceful transfer of power while threatening to murder the VP, all for the sake of a malignant narcissist who lost a free and fair election and who can’t stop lying about it. That’s what MAGA stands for, and it’s a tangible threat to American democracy. So, don’t use the Fox tactic of claiming that “but for mainstream media and Democrats”, Americans would support Donald Trump, because that’s just not true.
Gigi: Can you please just let go of your hateful anti-Trump rhetoric for one. single. day. Please. Pretty Please. Pretty Please with a cherry on top. Yours truly, lin.
Not a chance. Gigi and several other commenters here lie in bed at night grinding their teeth and pounding the pillow while dreaming of Donald Trump. Hatred knows no boundaries.
wiseoldlawyer,
I wish they had a conscience that caused them discomfort, but these are just trolls, not smart enough to know what their handlers send them to cut and paste. Just raw repetition of lies, long ago proven to be lies.
How can there be a discussion about MAGA without discussing Trump?
Gigi. I will take that question. Mega means put America and Americans 1st, above all other nations and people no matter were they are located. Any public official elected or appointed that does not agree is unfit to hold office. I expect other nations to feel the same way about themselves and to act accordingly. I can live with that. This idea was given voice by Trump but it will live long after his death.
Quite easily.
Trump may or may not be leading the GOP in 2024.
MAGA will.
Lin, Trump is inextricably associated with MAGA. It’s his slogan. How can Trump not be mentioned? It was his rhetoric and views associated with the slogan that are associated with bigotry and racism. It’s the very reason what that hat has come to represent. Thanks to most Trump supporters who have enabled racist or bigoted rhetoric.
Svelaz: Oh, please accept my apology. I thought this particular blog article was about First Amendment protections, not MAGA.
@svelez
You should see how buff my scroll-through finger is thanks to you and Gigi. Throwing my hand off balance. 😄
The seeds of MAGA date to the Tea Party after Obama’s election – Not Trump.
Trump co-opted the phrase, co-opted the Tea Party and unified other conservative groups, as well as bringing 10’s of millions of people into the republican party.
Trump will survive.
MAGA will survive with or without Trump.
They are NOT inextricably linked, any more than Barry Goldwater is inextricably linked to conservatism.
The only bigotry and racism – is yours. You keep flogging Teaching Racism in schools and letting Pedophiles run rampant.
Much of the country grasps that it is YOU and the left that are the racists, and the bigots.
And that number grows all the time.
Election rigging and censorship can only get you so far.
It is merely a question of time.
There is no ideology so hateful, bigoted, and racist as modern leftism.
Svelaz – you are not a moral person – why would anyone listen to you about racism or bigotry ?
You have no shame.
Gigi, yet you are quoting wikipedia. Trump’s words in full context express none of the claims you made.
Karen S. has tried to explain away the “fine people” remark with Kellyanne’s after-the-fact fix, but we all heard it live. I’m quoting Trump, not Wikipedia.
“We all heard Trump say that migrants are “rapists, murderers, criminals, and animals”.”
Except that is not what he said.
“He praised White Supremacists as “fine people”.”
Except that is not what he said.
“We all saw MAGA-hat wearing idiots who believed the Big Lie invade our Capitol, urinate and defecate on our symbol of freedom, who tried to stop the peaceful transfer of power while threatening to murder the VP, all for the sake of a malignant narcissist who lost a free and fair election and who can’t stop lying about it.”
Except that none of that is what happened.
That YOU can not get any of the FACTS straight is the core to the problem.
You live in a left wing nut bubble.
The right is far from perfect, but the left lives in a world of delusion.
” That’s what MAGA stands for, and it’s a tangible threat to American democracy. ”
How So ?
Republicans did not use federal government agencies to rig an election.
Republicans did not seek to censor the truth to win an election.
Republicans do not distrust their own voters so much they have to deprive them of the truth.
The massive 2020 election conspiracy that Twitter just exposed, has just about Every Government Agency, conspiring with Democrats, the MSM, Social Media, the DNC, the Biden Campaign to silence the truth, and to rig the election.
Like it or not GiGi this actually happened – as opposed to the Collusion Delusion – which did not.
In 2020 – the MSM, Social Media, Government Agencies, Democrats COLLUDED to win an election.
They silenced the truth.
They silenced political opposition.
They silenced americans.
They did so about politics,
They did so about covid.
They did so about other government policies.
And there wasn;t an actual russian in sight.
The Clear and Present Danger to Democracy is Democrats.
Trump did not do this. Republicans did not do this.
This was not only wrong, and unconstituional, and immoral.
It was a repudiation of the core american value.
Democrats should where a Blue MASA hat – Make Americans Slaves Again.
Or Make Americans Stupid Again.
From “Politifact”:
“Trump: “Excuse me, excuse me. They didn’t put themselves — and you had some very bad people in that group, but you also had people that were very fine people, on both sides. You had people in that group. Excuse me, excuse me. I saw the same pictures as you did. You had people in that group that were there to protest the taking down of, to them, a very, very important statue and the renaming of a park from Robert E. Lee to another name.”
The “both sides” to which he was referring was White Supremacists, who were counter-protesting against those who supported removal of a statute of Robert E. Lee, a symbol of the Confederacy and black slavery. He praised White Supremacists as “very fine people”, which they aren’t.
From “Newsweek”:
“Years after being heavily criticized for referring to migrants as “rapists,” former President Donald Trump resurfaced the controversial comment while highlighting the “incompetence” of his successor’s approach to the southern border.
Trump told Fox Business’ Stuart Varney on Monday that “criminals,” including “rapists and murderers and drug dealers” are taking advantage of the “totally open” border. His comments were reminiscent of a description he used in 2015, when he announced that he was running for president at Trump Tower in New York City.
At the time, he called America a “dumping ground for everybody else’s problem,” and honed in on the need to crack down on undocumented immigrants, a staple of his candidacy and presidency.
“When Mexico sends its people, they’re not sending their best … They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people,” Trump said.
You are just like your hero: when you can’t come up with any logical respose to facts, you just deny the facts and call the other party a liar.
Investigation after investigation, recount after recount, dozens of lawsuits, certification by 50 Secretaries of State, and multiple forensic audits prove that the 2020 election was NOT “rigged”. Further, the results were consistent with Trump’s historic run of low polling numbers–never broke 50% in 4 years’ time–and all polls predicting he would lose. Then, there’s the miserable condition of our economy and public health under his watch, the trade war he started with China that caused shortages of computer chips and consumer goods, the national debt at record levels due to tax breaks for the wealthy, his disasterous agreement with the Taliban that released 5,000 of them while drawing down our troops from 14,000 to 2,500, and not arranging for an air or land base. Americans were fed up with Trump and didn’t need “mainstream media” to tell them that he has NO leadership abilities whatsoever, that he just a loudmouthed braggart who likes to wallow in attention, adulation and praise.
The risks and dangers of COVID and proper counter-measures are the result of a worldwide consensus among public health and research scientists, and was studied and addressed by multiple countries, not just the US. Democrats do not control the scientific community, the studies that prove the dangers and proper methods of mitigation or the benefits of social distancing, handwashing and vaccination. Trump admitted to Bob Woodward that he deliberately lied about COVID because he thought it made him look bad. As a result of just his lies, there were an estimated 130,000 unnecessary deaths in the US.
A Republican Senate investigation and Dan Coats, lifelong Republican and former member of Congress, appointed by Trump to head all US Intelligence agencies, all concluded that Trump’s campaign did collude with Russia in a scheme to spread lies about HIllary Clinton in certain districts in key swing states they identified from internal research were places in which Clinton was vulnerable, all in a plot to win the Electoral College despite knowing he would lose the popular vote. That’s what happened, and you don’t even need the Mueller Report to believe this as fact. What do you have in the way of evidence to the contrary–nothing–just fealty to a narcissistic, sociopathic liar.
First – your citing politifact ? Do you have an actual problem directly citing What Trump said ?
Regardless – Did you READ what YOU cited ?
It does not say anything Close to what you claimed it did.
No the “both sides” Does not refer to “white supremecists” – that is YOUR spin.
Regardless, typical of a leftist – anyone you disagree with is a “white supremecist”
Charlotesville itself was a tragedy. Various group scheduled a protest. They had to go to federal court to get the right to exercise their right to free speech. Having done so the police were ordered by the Governor to leave these protestors on their own.
To run a gauntlet of violent left wing nuts pelting them with rocks, frozen watter bottles, baseball bats and improvised flame throwers.
When they finally get to the park for their event – The governor cancels the event using the left wing nut violence as a justification.
These same protestors them have to go back the same gauntlet AGAIN, being attacked constantly by viscious left wing nuts,
And because one young right wing protestor gets lost and loses it when left wing nuts attack his car with baseball bats – the media spin is that it was those on the right that were violent.
And you wonder why no one trusts the press ?
It is people like YOU – who have no standards but double standards.
I do not give a schiff if the protestors were card carrying members of the KKK or actual Nazi’s.
the LEFT was responsible for ALL the violence at Charlotesville.
You embarrass me. I joined the ACLU decades ago to fight FOR the free speech and the right to protest.
Unlike YOU. I understand that if those I hate the most can not safely speak or protest – then NO ON’E’s right to protest is secure.
But those like you do not give a schiff. You do not care about rights, You care about POWER.
You are WORSE than the Nazi’s that you claim to protest.
You are ALWAYS violent, you never hold yourself or those you support accountable.
Your violence is justified according to you. But god forbid you should have to listen to a single word you do not like.
That could traumatize you for life.
And you LIE bold faced about what happened, about what people said.
Just as here. You cite a left wing nut cite like Politifact – which should be called Politigarbage.
And then when he actual quote does not support your argument – you have to spin it.
No, Everyone who disagrees with you is not a white supremecist.
But YOU are racist.
You ARE the hate you find in others.
Newsweek did not quote Trump. I asked you for actual quotes – Not Spin.
Regardless, the snippets that you cite DO NOT say what you claim.
Even now – we have murderers, rapists, and terrorists at the southern border.
I have lost track of the over 100 people on the terror watchlist that have been aprehended at the southern border since Biden took office – and those are just the ones that were caught.
During the Obama administration, Drug Cartel’s used Obama’s lax border policies to send more than 13,000 under 18 MS-13 gang members to the US to work for Drug Gangs here. With certainty they have done the same on a larger scale under Biden.
Even the left wing nut media has reported that Venezeula opened their prisons and sent criminals to the US under Biden.
Castro did the same under Obama.
Currently 1/3 of the women and girls crossing the border have been raped – often repeatedly along their journey.
a significant portion of the men and boys have been too.
So absolutely it is true that those crossing our southern border include rapists, and murderers and terrorists.
It is also absolutely true that those crossing the border are not “the best people”.
You seem to forget that the US takes in 1M LEGAL immigrants every single year. Almost none of these are European whites.
These are brown people from the Philippines, or india, or yellow people from vietnam, cambodia, thailand, or china, or even black people from Africa or the Caribean.
Many of us – myself included would like to see MORE immigration – including from south and central america.
I would be perfectly happy to see POOR immigrants from south and central america.
But that does not mean that I support the complete and total NONSENSE of the left.
Republicans have been willing to sit down with Democrats since the Bush administration and discuss significantly increasing legal immigration.
But they have TWO conditions – that I fully support – fund and complete the southern Wall.
Actually enforce the law. Whatever that law is.
Any president that does not enforce the immigration laws of this country should be impeached and removed.
Trump proved that could be done AND that he could build the wall at the same time.
The Obama administration had the resources to actually enforce immigration law.
The Biden administration has the resources to do so.
If you do not like the law – then work to change it.
Any political party, any president, any elected official who will not enforce the law of the land – even if they do not like that law, is unfit for public office.
This nonsense of the left, where you do not enforce laws you do not like risks tearing society apart.
“If public officials from the president and attorney general down through state and county executives are allowed to give themselves a pass on executing enforcing and defending the law then the meaning of the law itself has been greatly diminished. It is also popularly understood as a government of law not of men.”
John Adams
“They do not put persons in office to do as they please but to keep within the laws.”
John Adams.
It is not racist to demand that the law be enforced.
It is the actual duty of those elected to public office – to enforce the laws as they are. Not as they wish they were.
That is the duty of the executive.
It is the duty of the courts to apply the law as it is – not as they wish it to be.
If you do not like the laws we have – elect people to the legislature or congress who will change those laws.
If you do not like the constitution as it is – go through the process to amend it.
This is hard – it is supposed to be. Government is not something we are supposed to experiment with willy nilly.
It is far better for government to be wrong on some issues, than for government to fail.
During the Trump administration approximately 4M people immigrated to the united states LEGALLY.
These people came mostly from Asia – primarily China and India, but also vietnam, cambodia, Thailand, Myanmar,
Philipines, as well as Africa, the Mid East, and the Caribean.
Almost none of these people were white.
We can debate whether there should be 1M or 2M or 4M legal immigrants per year.
That is something the nation should decide as a whole – though congress. It is no determined by the Whim of the current president, Not Bush, not Obama, not Trump, not Biden.
We can debate where the immigrants we accept come from – though very very few are coming from Europe.
Nearly all US immigrants will be minorities.
We debate the criteria for accepting people. The standards for granting asylum – which is a TINY portion of legal immigrants are quite high – the applicant must demonstrate that they have good reason to fear death or physical harm from the government of their country and that they have nowhere else to go. Asylum is NOT for people who are seeking a better place to live.
Asylum is for people like Snowden or Assange. It is for political prisoners in Cuba or Venezeula.
The US accepts people who are just looking for a better life – we accept over a million each year and have since the 80’s.
Those crossing the southern border illegally are lawless. They are unwilling o go though the process that over a million legal immigrants go through each year – and have for over 30 years.
It is not racist or xenophobic to demand that we follow our own laws. Nor to demand that others do too.
“Investigation after investigation,”
False – nearly every single investigation has found significant ACTUAL fraud.
Most investigations did not go very deep. Still they found massive problems and evidence of actual fraud.
Every single one of the 6 swing states has atleast 100,000 and possibly as much as 300,000 ballots with no chain of custody.
By law in every single state – ballots without chain of custody are illegal and can not be counted.
yet they have.
In the Maricopa County 2020 Election audit over 900,000 ballots were found with significant errors.
These are chain of custody issues, these are signature verification issues. these are multiple ballots from the same person.
These are ballots that were photocopied and not printed by the state.
Just about every single anti-fraud measure in AZ was obliterated by the poor conduct of election officials in Maricopa county.
All of this is FACTS.
The WI Supreme court found that ALL ballots delivered to Drop Boxes were illegal, they had violated both election law, and the state constitution. But they allowed the results to stand – because the problem could not be corrected. It was not possible to remove ballots dropped at drop boxes from those received legitimately.
The DE supreme court has declared that Mailin voting violates the DE constitution.
In PA we counted almost 300K more ballots than we have records of people voting.
In MI there is video of Ballots being delivered in Detroit at 5am – hundreds of thousands, but there is no record of the delivery and we have no idea where these ballots came from.
In GA an Audit that was stopped after reviewing only 5% of Ballot scans had already found over 500 duplicate ballots had been counted. This means that some election official had run the same ballots through scanners multiple times.
I can go on and on – you have absolutely ZERO familiarity with ACTUAL FACTS,
But what is new.
Trump’s popularity was under 50% – So was Biden’s as it is Still.
Despite a fawning press, and an army of psychophants like you – Biden’s popularity has ALWAYS been abysmal.
And remains so now.
Lots of people like you do not like Trump – that is perfectly fine. You are entitled to like or dislike whoever you please.
But Biden never was and is not popular either – and that Despite being propped up by the media.
Trump is the only president in US history to increase the number of people who voted for him and still lose the election.
And unlike those who voted For Biden – Trump voters are real people who showed up at the polls to vote on election day, as the constitution requires and as americans have for almost 250 years.
They are not couch potato’s that had to have ballots hand delivered to them and have democratic political operatives show up at their home to show them how to vote and who to vote for.
Again Ballot harvesting is illegal in every state except California – For very good reason.
The FACT that he left can not win elections without ballot harvesting is damning all by itself.
You rant that the election was not rigged – Of course it was MANY ways.
You changed election laws at the last minute accross the country to gain every possible advantage.
You abandoned the rule of law in favor of lawlessness.
When it was obvious from the 2020 democratic primaries that the error rates in mailin voting were too high and would cost you the election – you get rid of all ballot verification so that the crappiest of ballots would count.
You totally rearranged the election process eliminating all means of protecting against fraud – and you expect people to beleive there was no fraud ?
But ballot fraud is not the only means you rigged the 2020 election.
We are only in the middle of the exposure of the malfeasance of democrats in the 2020 election.
Nearly every government agency has been found to the strong arming social media to censor – and most of that censorship was election related, and nearly all of it targeting republicans. That is unconstitutional and illegal.
In addition the democratic party, the DNC, and the Biden campaign were heavily involved in conspiring to censor republicans during the 2020 election.
We can debate whether that is legal – but there is zero doubt it is not moral.
Winning by Gagging your opponents is immoral. Winning by supressing the Truth is WORSE.
And you expect anyone to trust you ?
About anything ?
Just to be clear – since just after the election through to the present Rassmussen has consistently found that 59% of us believe it is likely or somewhat likely that the 2020 election was stolen.
So the people whether they want Trump or not, do not beleive all your nonsense.
And post the twitter files more than 70% of people beleive that if the NY Post story had not effectively been supressed that the results of the election would have flipped.
You can make all the claims that you want – more than 2 years after the election – most people still do not beleive you.
You have destroyed the institutions of this country – and people do not trust them anymore – for good reason.
We do not trust the courts.
We do not Trust secretaries of state.
We do nto trust the media
We do not trust social media.
We do not trust government
We do not trust democrats.
We do not trust you.
This i what happens when you undermine the rule of law.
And yes all of this is Rigging elections.
And yes, most of us beleive that is you would conspire with the law enforcement agencies of the Federal government to supress political speech of your opponents – especially TRUE speech, that you would also commit election fraud of other kinds.
All of your “sources” that claim the election was kosher – ALL completely missed (or participated and hid) the massive campaign to censor the 2020 election.
Why exactly are we supposed to beleive the people who were actively working to silence political disent ?
And would have gotten entirely away with it but for the fact that Musk bought Twitter and showed us all YOUR misconduct ?
THEIR Miscounduct ?
ALL of your sources claiming there was nothing wrong with 2020 are the very same people who were either rigging Social Media Censorship, or who were blissfully ignorant of the malfeasance.
We spent 4 years and a special counsel investigating non-existant Russian interferance in the 2016 election.
Now we have undeniable evidence of US Government interferance in the 2020 Election. Democratic interferance in the 2020 election.
And your OK with that ?
Sorry, Gigi – you are OBVIOUSLY immoral
And clueless.
And no one should ever trust anything you say.
That is the price for lying constantly.
Finally,
I am libertarian.
I did not vote for Trump in 2016.
I did not vote for Trump in 2020.
Trump is not “my hero” as you say.
Unarguably Trump was the lessor of two evils in 2020 and 2016.
But I voted for candidates that were NOT evil.
The FACT that I do not like Trump or most republicans – does not make Hillary or Biden or Democrats not far more dangerous.
As I have said Repeatedly – Trump was a mediocre president. But he was Still by far the best president in the 21st century.
Bush, Obama were bad. And Biden is working hard to be the worst US president ever.
Mediocre is signifcantly better than Bad.
The FACT that I do not like Trump or most republicans – does not require me to turn a blind eye to your, the media, the left’s CONSTANT LIES.
The US can survive and even thrive under a Mediocre president – and as it did under Trump.
The Obama years were miserable. The weakest 8 years since the great depression. Possibly the weakest 8 years including the great depression.
Right now I HOPE that those saying that the recession we are now in the middle of will be mild and short are correct.
But I highly doubt it.
The world is coming apart – while all of that is not Biden’s fault – some of it is, and worse he is dealing badly with it.
China is an absolute disaster right now, and very dangerous. It is likely that 600M chinese have Covid right now, and nearly all will in the next month.
China did what YOU – The LEFT wanted. And now they face total Covid disaster.
Before Covid they had a weakening economy. They have a 16T-28T debt bubble that is bursting.
The situation in China is extremely bad and we probably do not know the half of it.
Japan is being decimated by US interest rate hikes. The Yen is being murdered. Japan which has had no growth for 3 decades is likely headed into a severe recession – and the last time this happened they took the rest of Asia with them.
Europe is facing a winter energy crisis – they can heat homes, or they can keep the economy alive – not both.
And they were facing a Covid recession BEFORE.
The problems in Europe are PARTLY Biden’s fault – the Covid recession was inevitable, and the EU is economically much weaker than the US. But the energy crisis is a result of a combination of Bad US energy policy under Biden, and Bad EU energy policy and the War in Ukraine.
There are over 100K dead Ukrainians – that blame for this falls primarily on Putin.
But Biden is inescapably responsible. Biden changed US policy after Trump – energy policy empowering Russia, and foreign policy to Ukraine threatening Russian,. and then he bungled the afghan withdrawl, making the US look weak.
And now we learn that the Biden admin was censoring social media on the Afghan Withdrawl.
Trump mistakenly got sucked into to too much left wing nut Covid policy, and worse still spent $2T that we do not have,
Guarnateeing inflation and recession. But Biden has doubled down on reckless spending since taking office.
Making both inflation and recession substantially worse.
Republican or democrat – what does it take for you ALL to learn – Government is NOT the solution to our problems.
Government nearly always IS the problem.
Government spending does not fix anything, but eventually the piper must be paid.
We are paying NOW. We are paying with near double digit inflation. We are paying with a recession that will take a miracle to keep mild.
Is Trump my Hero ? H311 No! Is there a democrat that would be a better choice ? H311 No!
Just because Trump is the lessor evil – does not make you, the left, democrats not by far the greater evil.
You are not moral. And you ill do anything to gain power.
Professor Turley,
In Boston, many of the neighborhood gangs wear MLB hats as gang symbols. When in college, I ran a summer enrichment program in a Boston neighborhood, where the local teenage gang wore Pittsburgh Pirates caps (their housing development was known as the “Plaza”), and we hired teenagers to help mentor the students. I was overruled in trying to ban the wearing of MLB caps by our teenager assistants, but I still stand by that position.
I am an advocate of free speech, but context matters. A cap may be seemingly innocuous in one context (i.e., in Pittsburgh). But, it can take on a whole different meaning if worn for different reasons. In this neighborhood of Boston, violent altercations would occur between the Plaza kids and kids from the neighboring housing development, who wore Colorado Rockies caps. Therefore, a proper analysis of this MAGA hat situation is incomplete without a thorough understanding of who the teacher is and what he believed, and the neighborhood in which the school is located. I agree that, absent these details, it may be silly or ridiculous to attach a nefarious or dangerous meaning to the simple wearing of a baseball cap, but so, too, would a ban on MLB caps without knowing the context.
I will concede that the reaction from some of the teachers and professors was way too ridiculous. I literally laughed when I read the opinion I describing how these teachers were offended or “intimidated” over the presence of the hat. The fact that some were crying over it is just really stupid. Conservatives have had the same reactions over “socialism” or “wokism”. These overly dramatic reactions are just silly in context.
No Conservatives do not have the same reaction.
As is typical you conflate things that do not go together.
You may carry or wear a MAGA hat – even to school.
Or a BLM t-shirt.
Or an LGBTQ flag.
Or a NMBLA tshirt.
If you call someone a racist and they are not – that is defamation.
If you call someone a bigot and they are not – that is defamation.
If you call someone a homophobe and they are not – that is defamation.
You may not teach whatever you please.
The state determines what public schools may teach.
State Government and school boards are answerable to parents,
who are the ultimate authorities on what can be taught their kids.
If You want your children sexualized at a young age – then you are free to persuade your state and school board to do so.
But you can expect that most parents will not.
If You want your children indoctrinated in Marxism – then you are free to persuade your state and school board to do so.
But you can expect that most parents will not.
If You want your children indoctrinated in CRT – then you are free to persuade your state and school board to do so.
But you can expect that most parents will not.
If You want your children indoctrinated in Racism – then you are free to persuade your state and school board to do so.
But you can expect that most parents will not.
What you can express, and what you can teach are NOT the same.
The Evergreen School District board members should shoulder the responsibility for this matter reaching litigation. The Board’s failure to rein in the WyEast, principal, district HR, and an overall failure to consistently administer policy demonstrates the amateurish nature of the board. If this was an isolated instance then it could be easily overlooked, however events like this over the past 10 years demonstrates that too many board members are serving in a capacity that is beyond their competence. I hope the voters in the ESD consider the candidates carefully when casting their votes in the next school board election.
I do hope, as this ruling makes clear, that the concept of “hate speech” legislation proffered decades ago as a sop to the prog/left greivance industry, is finally proven unconstitutional. This will send shockwaves through the prog/left cadre that profits from their misplaced sense of an entitled right to feel offended.
Yes, it is unfortunate but there will never be any discipline for people like the principal. The left controls just about every smidgeon of society, and certainly public education. They think nothing, absolutely nothing, of trampling anything they don’t like and they will never change.
I guess, also, the 9th circuit missed the significance of the BLM poster in the school as well as the Bernie Sanders bumper sticker, as mentioned. The 9th circuit continues to miss the boat over and over again. Somewhat of an improvement for them though, since they used to miss the whole ocean liner passing by. I also would wonder what the 9th circuit would have said and done if the roles were reversed. Strange to me how a normal person puts on a hat and immediately turns into a “racist, bigot, homophobe, and a liar”. That seems to be some satanic or wondrous hat if it can change a person’s whole being just by being worn. Sounds like it comes from the world of Dr. Strange rather than the world of reality. Or maybe it does not affect the wearer at all but turns the observer into a, “gasp”, progressive democrat and snowflake.
“What is concerning is the lack of any discipline for Garrett or others who sought to prevent opposing political views from being expressed by teachers. The denial of free speech should be treated as seriously as other abuses. There should be consequences for administrators who discriminate on the basis on race, gender, religion, sexual orientation, or political viewpoints. This was a denial of First Amendment rights that should warrant some adverse action for those responsible in the school district.”
Turely sure loves to cherry pick his free speech issues which are heavily biased as being “against” conservatives and libertarians. Here is is calling for some sort of punishment to those who supposedly “violate” other’s free speech and that any such abuses should be taken seriously, That is quite the statement given that there have been more serious free speech abuses by republicans in state legislatures such as Florida and their “Individual freedom act” or more commonly known as the anti-woke act. It literally censors political view points in the name of anti-woke sentiment. Professors who are not tenured are being forced to self sensor or cancel courses because they fear retaliation from the governor or state legislature for expressing or teaching a different point of view. This is exactly the kind of “anti-free speech” agenda that Turley supposedly is against, but is still dead silent on the obvious chilling effect and the fear of retaliation by a government entity for merely teaching or mentioning a different point of view. This is much bigger than this MAGA hat problem.
https://www.msn.com/en-us/news/us/muzzled-by-desantis-critical-race-theory-professors-cancel-courses-or-modify-their-teaching/ar-AA15Vlvc?cvid=9db648b4b2c44424b8456d49e6d1b652
Republicans in Florida are actively pursuing anti-free speech legislation in the name of anti-wokeness. Why Turley never mentions this egregious violation of the first amending is not surprising. It only shows that his concerns about the sanctity of free speech are only skin deep and partisan.
The legislature (The People) setting educational standards is not censorship
You have been a huge defender of the the govt censoring comments on twitter, and the other big social media companies. Places the govt has no constitutional power to involve itself.
Iowan2,
“The legislature (The People) setting educational standards is not censorship”
It is censorship when punishment or retaliation is involved for expressing a different political viewpoint. It’s an effort to stymie the idea and make others think twice about discussing it under threat of punishment or losing your job. That is censorship. The Florida law clearly had its intended effect. To force professors to think twice about discussing CRT and it’s related issues. That is the goal of the legislation.
The government is NOT censoring comments on Twitter. Twitter is the only entity who can decide whether to censor certain comments regardless of what the government wants. Twitter has refused multiple government suggestions and requests to review certain posts meaning they are the ones who ultimately decide, not the government, and legally that is NOT a constitutional violation of the 1st amendment.
It is censorship when punishment or retaliation is involved for expressing a different political viewpoint.
You admit CRT is nothing but political propaganda. Eliminating politics form education is a laudable goal
Again, the bill is nothing but setting educational parameters. The State,(The People) have the constitutional power to establish educational standards.
No one is making any claim the bill violates any laws or Constitutional standards.
If YOU have a problem with the law, there is an election in two years. All you have to do is elect those persons that want to establish a different standard.
Iowan2, the bill has nothing to do with “setting educational standards”. It’s a proxy for intimidating those who discuss CRT. The article will linked to is referring to higher education. Courses in universities being canceled because of that law or professors self censoring for fear of losing their jobs.
That is NOT protecting the free flow of ideas no matter how offensive or controversial they are. Turley is a staunch supporter of those ideals but in Florida they are literally attacking a different point of view by threat of punishment. CRT is a different point of view and conservatives and republicans don’t like it. So they chose to create a law that squelches that notion of being able to discuss that idea freely without retribution from the legislature or the governor.
“ No one is making any claim the bill violates any laws or Constitutional standards.”
Actually a few professors protected by tenure have already filed a lawsuit against the law and it was struck down as an unconstitutional violation of the 1st amendment. It is currently on appeal.
“ On Nov. 17, 2022, a federal judge temporarily blocked enforcement of the higher-education provisions of Florida’s Individual Freedom Act. “The First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark,” Judge Mark Walker wrote. “
https://www.msn.com/en-us/news/us/muzzled-by-desantis-critical-race-theory-professors-cancel-courses-or-modify-their-teaching/ar-AA15Vlvc?cvid=9db648b4b2c44424b8456d49e6d1b652
It’s a proxy for intimidating those who discuss CRT.
You have already correctly identified CRT as political propaganda
You got yourself in a corner saying the truth out loud.
A couple of profs (with tenure, because the cause is so important they are willing to risk nothing)
“ You have already correctly identified CRT as political propaganda
You got yourself in a corner saying the truth out loud.”
LOL! It’s an academic theory which is why theory it’s taught at university as a social sciences course. They even teach the consent of marxism, Socialism, communism.
“ A couple of profs (with tenure, because the cause is so important they are willing to risk nothing)”
It’s about academic freedom. Something Turley fully supports. What the Florida law does is punish those who express their views regarding CRT. The act of banning discussion of it and punishing those or retaliating against those promoting it IS a violation of the 1st amendment. You’re in support of government retaliating for discussing the theory while calling for freedom of speech. You don’t see the contradiction?
You’re in support of government retaliating for discussing the theory while calling for freedom of speech.
The “theory” is just racism, dressed up in academic finery.
The law does no prevent the teaching of theory. It prohibits racist teaching. Making claims that are false.
The bill required no teaching can favor one race over another, and cannot teach that all Whites are Racist, the law requires teaching all races are equal, and whites are not by the nature of their skin color, racist.
Academic freedom is not being infringed, however fact base information is required.
Yes, it’s a theory taught at university. However, the Florida legislature decided it shouldn’t be implemented in their school system.
Phrenology was an academic theory taught in universities.
I can name a long list of garbage theories taught in colleges and universities.
Though the college of social science tells it all.
Please tell us all what of consequence has come from social sciences in 70 years ?
We do not indoctrinate kids in school in white supremacy – are we banning the teaching of white supremacy ?
Schools are NOT free speech forums. And students are not adults.
Students are in school to learn. Teachers are there to teach.
And parents get to decide what will be taught.
That is not censorship – that is the job.
If you do not like it, pick another profession.
If you want to indoctrinate people – go into politics – or news, or social media.
Regardless, deal with adults. Do not abuse power to indoctrinate children.
“the bill has nothing to do with “setting educational standards”.”
Of course it does.
“It’s a proxy for intimidating those who discuss CRT. ”
No it is pretty direct, schools can not advocate for racism – CRT is racism.
“Courses in universities being canceled because of that law or professors self censoring for fear of losing their jobs.”
If 99% of college professors self censored on CRT there still would be thousands teaching this racist and marxist ideoloy.
“That is NOT protecting the free flow of ideas no matter how offensive or controversial they are.”
Actually it would be. College campuses today are a desert for any ideas except a narrow set of those on the left.
“Turley is a staunch supporter of those ideals but in Florida they are literally attacking a different point of view by threat of punishment.”
Teaching people to be racist should have consequences.
“CRT is a different point of view and conservatives and republicans don’t like it.”
Peodophilia isa different point of view – we do not teach it – not even in college.
“Actually a few professors protected by tenure have already filed a lawsuit against the law and it was struck down as an unconstitutional violation of the 1st amendment. It is currently on appeal.”
False, very small portions of the law were struck and being appealed. All of the law regarding public schools is in effect.
““ On Nov. 17, 2022, a federal judge temporarily blocked enforcement of the higher-education provisions of Florida’s Individual Freedom Act. “The First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark,” Judge Mark Walker wrote. “”
I wonder how Walker would feel about teaching peodophilia.
Racial discrimination is actually illegal.
The Higher education provisions of the FL law only apply to state colleges.
The solution to ALL of this is simple – Get the state out of education entirely.
“The government is NOT censoring comments on Twitter.”
If I murder Sally, that’s murder. If I ask Joe to murder Sally. that’s murder for hire (and still murder). If my defense is: Well, Joe is the “only entity who can decide whether” to murder Sally” — than I get laughed off the planet.
“It is censorship when punishment or retaliation is involved for expressing a different political viewpoint.”
This is ludicrously stupidly false.
Setting educational standards INHERENTLY means there are consequences if you do not follow them.
The Biden admin has returned tot he ludicrously stupid direction regarding alleged sexual misconduct at colleges and schools that a claim is all that is necescary for proof.
If schools and colleges do not follow DOE guidance – there are CONSEQUENCES.
That is how law and regulation works.
“It’s an effort to stymie the idea and make others think twice about discussing it under threat of punishment or losing your job. That is censorship. The Florida law clearly had its intended effect. To force professors to think twice about discussing CRT and it’s related issues. That is the goal of the legislation.”
Pedophilia is just a different political viewpoint – is it OK in Svelaz world to advocate for Pedophilia in schools ?
You are completely clueless.
Schools are NOT a forum for free speech – particularly HS and Elementary schools.
While I would prefer government were completely uninvolved in education entirely and sschools were private and taught whatever parents wanted.
And that last part is KEY – YOU – The LEFT do NOT get to decide to indoctrinate Children.
Not CRT indoctrination, NOT sexual inductrination.
To the extent that schools express any political or other viewpoints – it is the PARENTS that get to make that choice.
There is actually little difference between your CRT indoctrination, and your rigging the 2020 election.
You claim that YOU are being Censored, but the reality is that YOU are censoring – both social media, and
Children. You are assuring that the ONLY views they get to hear are YOURS.
CRT is Marxist BS. You are littlerally preparing the next generation for a bloody dictatorship.
Most of us have ZERO problem saying that does not belong in Schools.
Svelaz,
At what point do the LIES stop ?
Taibbi has now reported that just about every single govenrment agency was engaged in censroship at twitter – and certainly the rest of Social media.
Further, it i snow incredibly well documented – these were not REQUESTS.
This was all driven by the 2016 Collusion Delusion lunacy.
Twitter “Publicly” stated they were not going to censor just because the governmnent requested,
But their internal communications reveal that they got ENORMOUS pressure not just by govenrment agencies, but by Democrats in congress. And internally Twitter decided to capitulate and do what govenrment asked.
They went so far as to censor posters with absolutely no tie at all to foreign actors, merely because Government agencies demanded they do so using claimed foreign election interferance authority.
It is inarguable at this time that governmnent was seeking to influence the election.
This went way past “foreign interfereance” – of which there was none of consequence.
And it is clear that Twitter and the rest of Social Media was NOT able to say no, and very very very rarely even tried.
What occurred is a violation of the hatch act – which prohibits those in government from engaging in political activity while acting within government.
There are several other federal laws this likely violates.
This is FAR worse that “foreign influence” – even if Foreign influence was real.
Far Far Far more dangerous and illegal than “foreign influence” – is government itself trying to rig the election.
That is what Putin does, that is what banana republics do.
That is what causes actual revolutions. That is misconduct that justifies violence.
And this is on top of the fact that on Day One Biden issued an executive order that has government agencies corrdinatinjg with NGO’s to further “rig elections”.
This coordination is illegal, all the NGO’s are left leaning, and it has nothing actually to do with election integrity.
Biden and the democratic party have outsourced their GOTV effort to the federal government, and government funded NGO’s
This is corrupt.
But why should that surprise anyone – Biden has been corrupt forever.
Any democrats with any morals have left the party.
Those of you on the left never find the most egregious conduct on your part immoral.
You are constantly here spraying garbage.
Schools are not forums for free speech. Social Media is.
It is not “censorship” to say that discussions of marxism and the peodophilia have no place in schools,
It is censorship to silence political truth throughout media and social media.
YOU ARE IMMORAL
Let me try to explain this a completely different way.
If the government interferes in political speech in the media and social media,
Then those whose speech was interfered with are justified in taking up arms to oppose the results of an election where the truth about the winning candidate was suppressed.
Your desired ends do not justify immoral means.
But immoral means justify, violent resistance.
Presumably No one wants violence – I am not actually sure about the left.
The focus of most of my arguments has been “when is the use of force justified”.
I would read the declaration of independence, That is a long list of abuses of power and corruption,
that justify the individual taking up arms against a corrupt govenrment.
You keep trying to play this idiotic game that Twitter and SM can engage in political censorship as this please.
Maybe, maybe not. The fact that they can does not make it moral.
But it is unarguably immoral to deliberately conspire to deprive voters of the truth in order to win an election.
That is even if Government is NOT involved.
It is immoral, for media, democrats, the DNC, the Biden campaign, and social media to conspire to silence people speaking the truth. It is immoral – even if it is legal.
It is 10,000 times WORSE when government is involved.
Are you a homose,hal?
???
Guessing that you mean “homosexual”
No. I am a 64 year old straight white male, happily married for 40 years to a woman.
Regardless, I do not give a damn what others do consensually that does not harm others.
The “people” can absolutely vote to censor.
Here are a few examples throughout US History:
The Comstock Act was passed by Congress in 1873, which permitted searches of the mail, without legal warrants, for obscene material.
In 1918, the Sedition Act limited rights to free speech during WWI, making it a crime to criticize the US Government.
In 1941, the War Powers Act literally established a Censorship Office under FDR to determine whether published information would be valuable to the enemy.
In 1997, SCOTUS struck down as unconstitutional censorship the Communications Decency Act, which banned online computer use to suggest or communicate sexual content to minors. This led to the Child Online Protection Act in 1998, which was then struck down again by the courts in 2004 and 2009.
Each of these statutes were passed by Congress. Whether censorship was passed by Congress or some other means, it is still censorship.
Critical Racists’ Theory presumes diversity [dogma] (i.e. color judgment, class-based bigotry).
The second day, she called him a racist, a bigot, a homophobe, and a liar, and swore at him
You dont have to go very deep in any story about schools and free speech for the ignorant left to expose themselves.
It has to be stressed that the school administrators are PhD’s or within hours of being awarded the title by memorizing the proper woke liturgy
These are the leaders(?) supposedly because they are the best educated and experienced of the lot. You cant even apply without a Masters.
But these are the people that instantly devolve into 5 grade bullies, shacking down the weakest for their lunch money, with impunity. These are the people that have no intention of engaging in a dialog to reach an agreement. These are the people that start with lies, and then mix in swearing.
My parents taught us kids, swearing was just an ignorant person with a small vocabulary, and smaller mind. My parent get proven right everyday.
But the court ruled according to the law, and then stopped short of addressing the abuse of power.
There IS a God……..and he’s wearing a red hat!
There IS a God and She is wearing a Red Dress!
💃🏽
Estovir………:)
That’s supposed to be a smiley face!
Dodge certainly had a right to express his political views as a private citizen. But there is a distinction that doesn’t quite align with what of the court. The court stated that he was expressing that view as a private citizen, BUT he was also at a teacher only training seminar, he wasn’t there merely as a private citizen, but as an employee at a required training seminar.
“Where Dodge was not taking ‘advantage of his position to press his particular views upon the impressionable and ‘captive’ minds before him,’ Poway Unified Sch. Dist., 658 F.3d at 968, but rather was displaying a message on a personal item while attending a teacher-only training, we have little trouble concluding that he was engaging in expression as a private citizen, not a public employee.”
Dodge was there in his capacity as a public employee. Not a private citizen. Also while he was not in front of students per se and had a ‘captive’ audience. He did have a ‘captive’ audience of teachers who were also required to be there as part of the training. So there is a slight flaw in the court’s reasoning in that regard.
So there is a slight flaw in the court’s reasoning in that regard.
The ruling addressed all of that.
You are forced to ignore the facts, in order to respond.
The ruling didn’t address that. The court cited that Dodge was well within his right to express his political views as a private citizen. That is not the situation. While Dodge didn’t wear his hat during the training seminars he did have it sitting on the table next to him and did wear it outside the room meaning it was well within sight of all the other teachers. Dodge was not there as a private citizen. He was there specifically because he was required to attend as an employee of the district.
The principal was correct by talking to Dodge the first time and telling him that maybe it’s not such a good idea to wear that hat while training for cultural sensitivity given the widely known significance of what the hat represents to many. The hat not only represents Trump supporters, but it has become synonymous with racist bigots. That’s just what it has become regardless of the innocent intentions of Dodge. While it IS protected political speech it was still, to some, the equivalent of wearing a hat emblazoned with the swastika. It was inappropriate given the nature of what the training was about. Cultural sensitivity. Dodge was well within his right to have it with him, it does’t change the fact that it was still poor judgment on his part to insist using it.
That is not the situation. While Dodge didn’t wear his hat during the training seminars he did have it sitting on the table next to him and did wear it outside the room
The judge had ALL that information. Meaningless to the case, was the judges ruling.
No Svelaz YOU and those on the left FALSELY equate MAGA as a symbol of everything you find evil.
It means something entirely different to those who identify as MAGA.
First amendment rights are NOT constrained by the meaning Others take from your expression.
Free speech is about YOUR right to say what YOU think without regard for what left wing nut idiots might misread.
YOUR Feelings do not matter. Frankly that is the point. And that is precisely what is wrong with the “sensitivity” training.
Dodge was giving a well deserved finger to the sensitivity training.
And the Principle not only missed her own error their but stepped directly into a mine field of hypocracy.
Those on the right do not lie about what those on the left say. They take you at your word.
They do not make up new meanings.
CRT is racist – because it openly teaches that one group is racially inferior to another.
CRT is marxist – because it is openly marxist.
No one is trying to misrepresent the positions of hose on the left – except the left.
Which on one day openly admits the marxist underpinnings of their ideology, and on the next claims no they are not socilaists.
It really says something when liberals cower in fear…over a hat.
It really says something when liberals cower in fear…over a hat.
Its not fear. As the ruling shows, no punishment for those abusing power. The administrators should loose their jobs. The know better, and ignored black letter law. There has to be consequences. The elected boards need to start firing those responsible. The parents need to ask hard question of the board members.
“The second day, she called him a racist, a bigot, a homophobe, and a liar, and swore at him for having his MAGA hat with him again. By itself, such criticism or “bad-mouthing” does not constitute an adverse employment action sufficient for a First Amendment retaliation claim. … Principal Garrett also has First Amendment rights after all. See id. (“It would be the height of irony, indeed, if mere speech, in response to speech, could constitute a First Amendment violation.”). “
Turley called for some sort of punishment for those who “attacked” Dodge for wearing his hat. But clearly the court made the point that such “attacks” are also protected speech. Those choosing to wear a MAGA hat are perfectly free to do so anywhere they please. That does NOT protect them from is the consequences of wearing it in public or at work meaning. They are not going to be protected from criticism, derision, mockery, and insults. If they feel “attacked” by others because they chose to wear the hat it’s on them. It’s part of acknowledging the responsibility that comes with exercising that choice. Sadly many don’t want to acknowledge that particular responsibly and would rather play victim. Just as those who choose to wear a BLM T-shirt at a MAGA rally or at work where conservative co-workers may feel uncomfortable or offended by it shouldn’t be crying foul over the reactions they get.
By itself, such criticism or “bad-mouthing” does not constitute an adverse employment action
I never said it has anything to do with the law.
It has everything to do with the childish behavior of adults, that have specific, education, training, and experience in educated youngsters and adults. Teachers trained in conflict resolution. Teachers who’s vocabulary and temperament, lead them to persuade and compromise
At least that.s what the teachers tell us they are capable of in justifying their salaries.
But alone away from the public eye, they devolve into 5th grade bullies. Because that is the only thing they know.
GioCon,
“. . . some attendees complained that they felt “intimidated” and “threatened” by Dodge’s decision to have the hat with him.”
Yeah, I had a similar thought.
Basically, the censors won.
Garrett insulted and intimidated an employee and the only consequence was to be told: “Bad girl”.
Not much of a deterrent.
Imagine if Garrett had said that to a black.
Whole different set of consequences.
monumentcolorado: Great comment.
Monumentcolorado, as the court noted Garret just expressed her own views and had the same protections that Dodge did in exercising those views. To punish her would have been hypocritical of the court for doing the same thing Dodge did, engaged in offensive speech and criticizing his choice of headwear.
At a minimum the principals words and actions created a “hostile work environment”. Let the school district get it’s check book ready.
What jumped out at me was the fact that the school has a BLM poster on a wall IN THE SCHOOL and yet the principal was demanding that the plaintiff not be allowed to have his political hat WITH THE STUDENTS NOT IN ATTENDANCE.
It is a shame that the plaintiff didn’t receive monetary compensation for what this typical left wing fascist teacher-type put him through.
hullbobby: Great comment!