Federal Judge Rules Against Free Speech in Elementary Schools

Pacific Legal Foundation

District Court Judge David Carter delivered a crushing blow against free speech rights in elementary schools in an outrageous case out of Orange County. Principal Jesus Becerra at Viejo Elementary punished a seven-year-old girl named B.B. in the lawsuit for writing “any life” under a “Black Lives Matter” picture. Judge Carter issued a sweeping decision that said that she has no free speech rights in the matter due to her age and that the school is allowed to engage in raw censorship. He is now being appealed.

The message from the school seems to be that black lives matter but free speech does not. The school found a kindred spirit in Judge David Carter.

After a lesson on Martin Luther King and Black Lives Matter, B.B. gave her picture to a friend, believing the inclusive image of four shapes of different races and the words would be comforting to a friend. However, when that child showed the picture to a parent, a complaint was filed that B.B.’s picture was insensitive and offensive.  Becerra responded by disciplining the child for her inclusive picture.

Becerra should be fired, but his extreme views and lack of judgment is hardly unique in education. The far greater damage was created by Carter’s opinion.

Judge Carter ruled that B.B. has no free speech to protect due to her age, but that “students have the right to be free from speech that denigrates their race while at school.”

Judge Carter added that “an elementary school … is not a marketplace of ideas… Thus, the downside of regulating speech there is not as significant as it is in high schools, where students are approaching voting age and controversial speech could spark conducive conversation.”

The court leaves a vacuum of protected rights that he fills with what seems unchecked authority for the school: “a parent might second-guess (the principal’s) conclusion, but his decision to discipline B.B. belongs to him, not the federal courts.”

The Pacific Legal Foundation, has now filed a petition with the U.S. Ninth Circuit Court of Appeals on behalf of Chelsea Boyle and her child, B.B.

In my view, Judge Carter is dead wrong, though I expect he will find support among some of the judges on the Ninth Circuit.

The Court applies the famous ruling in Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), as a license for sweeping censorship and discipline. Yet, the Court held in Tinker that students have free speech rights and that any restrictions require evidence of “interference, actual or nascent, with the schools’ work or collision with the rights of other students to be secure and to be let alone.” It then imposes a high standard that it must “materially disrupt[] classwork or involves substantial disorder or invasion of the rights of others.” This disruption must be “caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.”

However, what is more disturbing is the disconnection of the right from anything but a narrow functionalist view of free speech. In my new book, The Indispensable Right: Free Speech in an Age of Rage,” I criticize the functionalist approaches that tie the protection of free speech to its function in advancing a democracy.

I argue for a return to the view of free speech as a natural or human right — a view that was popular at the beginning of our Republic but soon lost to functionalist rationales. Those rationales allow for the type of endless trade-offs evident in the Carter decision.

Carter’s functionalist or instrumentalist approach makes it easier to simply discard any free speech rights in elementary students. In my view, they have free speech rights as human beings as do their parents. Under Carter’s approach, schools can engage in a wide array of indoctrination by declaring opposing political and social views to be “disruptive.”

Ironically, my book criticizes Judge Carter in another case over his failure to consider free speech concerns. In his decision in the January 6th case involving John Eastman, Carter dismisses his arguments that he had a right to present his novel theory against certification of the election.

While many of us disagreed with Eastman, there was a concern over efforts to strip lawyers of their bar licenses and even use criminal charges against such figures. However, what concerned me the most was sweeping language used by Carter in his decision.

Carter’s narrow view of free speech and his expansive view of state authority is hardly unique. B.B. is devoid of free speech protections even in this outrageously abusive case. The reason is that she is not of an age where her speech is viewed as worthy of protection. It is an example of the distortive and corrosive effect of functionalism in free speech jurisprudence in my view.

215 thoughts on “Federal Judge Rules Against Free Speech in Elementary Schools”

  1. Breaking News: Space aliens just landed and kidnapped the entire Boston Red Sox baseball team — as I wrote about in my new book, “The Indispensable Right: Free Speech in an Age of Rage.”

    1. Trump is not an “angle” (sic), not 30 degrees, not 45, 90 nor 180 degrees angle. But you are most assuredly an idiot. No wonder gays block you on Grindr

      1. Or acute – sharp, intelligent.

        If the author of “Trump is an angle” intended to say obtuse – that is the word they should have used.

        You pretending that obtuse is the obviously correct reading of angle is dull – lacking in sharpness.

  2. Let’s see.

    George Clooney is from Italy and Obama is from Zimbabwe and they are running the United States of the American Founders – the land of the once-free and the home of the dastardly milquetoasts who wouldn’t, and won’t, even defend their homeland against conquest by illegal alien invaders, past and present?

    What the —- happened, America?

      1. The Indians came from Asia. Indians are native to Asia. The Indians had no County Records, no surveyors, no surveys, no property, no government, and no country. Indians are illegal aliens without documentation.

        There was no such thing as an American before 1789.
        __________________________________________________________

        “If you’re half right, you’re half wrong; if you’re half wrong, you’re all wrong.

        – Anonymous
        _________________

        You’re all wrong.

  3. Michael Dougherty hits a home run with his euthanized comment. His referencing Democrats using the one social media platform they loathe to announce Biden’s graceless exit is on fire

    The Graceless Exit

    By MICHAEL BRENDAN DOUGHERTY

    Joe Biden did not give up the presidency. His candidacy for reelection was euthanized by his own party, while they thought nothing of him and everything about the inheritance he could squander if they allowed the candidacy to live any longer. This was like watching a Canadian Medical Assistance in Dying scandal, with the president physically and verbally resisting the “dignity” his party offered him.

    There are some who similarly want to praise the Democratic Party and its elites for soberly organizing, for reinstituting the smoke-filled room and saving their party from the extremism of the voters.

    The last functional emotional register left in Biden’s quiver is solemnity. And yet he didn’t get even the simulation of a dignified exit. The announcement that he was exiting from the presidential race was delivered via an unmemorable bit of awkward prose, filed directly onto a social-media platform that most elite progressives claim to hate and that is owned by a confirmed donor to his opponent.

    Now the same Democrats who insisted until just a few weeks ago that any question about the president’s competence is just the product of right-wing misinformation and “cheap fakes” are assuring you that they can make “fetch happen.” Kamala 2024. She’s part of something called “brat girl summer.” I’m sure that will help her run up the margins in Scranton that Biden did.

    https://www.nationalreview.com/2024/07/the-graceless-exit/

    1. It may not be a psychopathic gesture, from Bibi, but it is an educated conscious gesture to write such a comment. The problem is with schools who politicize children at an inappropriate age. Interestingly, it’s a mimicking gesture (writing – All Lives Matter – is not a sentence Bibi created)… mimicking is a principal tool of learning for all mammals. Punishment, reprimand should be measured. Punishment could be a parent who tell his/her child to go to his room to meditate on the fact that he/she through pebbles on the neighbor’s dog… would that be unacceptable under your regime of total freedom: “Children can do what they want when they want?”

  4. Did I mention that I’ve written a book?
    Don’t worry. I’ll remind you every day from now until Christmas.

  5. When Kamala starts running that big mouth about the “bipartisan” border bill, Trump needs to ask her

    What is HR2?

    Would your bill have passed cloture in the Senate, or were you just going to try to eliminate the filibuster again?

    Why did you eliminate “remain and Mexico”?

    Why did you wait 3-1/2 years to do an Executive order?

  6. OT

    “We must Save Our Democracy!”

    – Democrats
    _______________

    “Kamala for President.”

    Kamala Harris had no funding and no votes in 2020 and now she’s being ensconced in the presidency by the presidium.

    That’s their “democracy?”

  7. What I think we are seeing is child abuse by the school system and Becerra. That is why many parents have so little faith in the school system.

    It is easy to understand why the legal jargon involved in the case is complicated for some. Still, a child should have limited speech rights in school to protect the child from harm and prevent extraneous matters from interfering with education.

    No harm or foul play was committed in this case. The courts should not have been involved, and the child should never have been punished.

    Schools are meant to teach children how to think. Speech is an expression of what people think. Limit speech, and one limits thinking.

    1. The drawing was racist? How was it racist? Explain it please. It’s not there. BB was punished because she’s orange and no other reason? What?

    2. I think the reprimand had to do with the learning of where ones freedom ends when another persons freedom begins… it’s about this blurry line and thick line…

  8. Gad Saad
    @GadSaad
    Let me try to be as diplomatic and restrained as I can:

    @kamalaharris is a vacuous, lobotomized, shallow, inauthentic imbecile. She knows nothing. She has achieved nothing. She has used every non-meritocratic tool to climb the political career. She is a racist; she is divisive; she promotes the cancer of diversity, inclusion, and equity. She is the
    @justintrudeau of the US. Beware.

    https://x.com/GadSaad/status/1816290479694307682

  9. OT

    “With respect to former President Trump, there’s some question about whether or not it’s a bullet or shrapnel that hit his ear,” Wray said in response to a question from House Judiciary

    Committee Chairman Jim Jordan (R-Ohio).

    – New York Post
    ___________________

    “We’ll know our disinformation program is complete when everything the American public believes is false.”

    – William Casey, CIA Director

        1. Well thats horseshit.

          The teleprompter was at trumps 1 o’ clock. Any shard from that would have to have changed direction to hit his right ear.

          The teleprompter is still intact in the videos.

          Those “reports” were people making shit up to try and minimize the seriousness.

    1. Much of what was said immediately has proven to be false or half true. That is normal.

      Everything I have seen indicates that Trump was struck by a Bullet. But I am open to evidence to the contrary.
      At the same time – does it matter ?

      The modeling of the shooting are showing that Trump was in the middle of a hail of bullets.
      The first three all passed within a foot of Trump, The remaining 5 were in the same area, but Trump had been pulled down.

      Regardless, it is a mieacle that Trump is not dead – an el-Cheapo AR in the hands of someone with maybe 50 hours of experience, should be able to put 5 rounds in a 2 inch circle at 100yrds.

      Cross put 8 rounds in an oval about 5′ wide and 3ft high. Trump was in the middle of that oval for the first 3 rounds and just below it for the remaining 5.

      It does not actually matter if Trump was hit by a bullet of Shrapnel – the Bullets were AIMED AT HIM.
      They were all VERY CLOSE TO HIM

      All you are debating is how lucky Trump got. .

    2. 8 Bullets came withing a few feet at farthest of a person purportedly HIGHLY protected by the Secret service.

      This is a MASSIVE FAILURE.

      The only question is what type of failure was it.

      Either the Secret Service is doing so badly overall that this could have been the president, vice president, first lady or speaker of the house.

      Or the secret service was more reckless with Trump than with others it is charged with protecting.

      Those are the only choices.

      BOTH are incredibly bad.
      I am not sure which is worse.

      An assassin killing ANY of the people Secret Service protects would be an absolute disaster.

      FBI has said that there was an Irainian plot to assassinate Trump.

      Does anyone see any good outcome from a successful Iranian assassination of ANY US leader ?

      There is no outcome from a successful assassination of ANY secret Service protectee that does not have horrible consequences.

      It does not matter who does the shooting or who gets killed.

      We are STILL enduring the after effects of the Kennedy assassination in 1963.
      Much less RFK and MLK afterwords.

  10. I’d sue that tyrant principal for creating a hostile learning envirnoment where his views are the only views. You know before the government encouraged single-mother paradigm, fathers would handle these tyrants one on one. I guess we beta-maled that out of them.

  11. Uncle Roger rates prison felon pizza. The question is, is it tasty?

  12. Here are the facts of the case as stated by the lawyer for the plaintiff (B.B.). This is from the link provided in the article above. My prediction: B.B. will suffer PTSD given her very young age, and will eventually be a life-long conservative, possibly even a conservative activist.

    In 2021, B.B. was a first-grade student at Viejo Elementary School in Mission Viejo, California. In March of that year, B.B.’s teacher read a book to the class about Martin Luther King, Jr. The book introduced B.B. to the concept of “Black Lives Matter.” The school also had a picture displayed that included the phrase “Black Lives Matter,” along with a clinched fist, that B.B. saw every day. While B.B. did not understand what the phrase meant, the book had the effect of making B.B. feel bad for a classmate of color (M.C.); B.B. then drew a picture for M.C. to help her feel included. B.B.’s picture contained the phrase “Black Lives Mater” (sic) drawn in black marker. Below that was the phrase “any life” written in a lighter color marker. Below “any life” were four circles of different colors which B.B. drew to represent three classmates and herself holding hands. After receiving the drawing, M.C. thanked B.B., put it in her backpack, and took it home without comment.

    Upon finding the picture at home, M.C.’s mother contacted the school’s principal, Jesus Becerra, to express concern that her daughter was being singled out for her race. After investigating, Becerra expressed that writing “any life” on the drawing was inconsistent with values taught in the school but acknowledged that B.B.’s motives were “innocent.” Because M.C.’s parents agreed that B.B. innocently drew the picture, they informed Becerra that they did not want her punished. Declining to heed M.C.’s parents’ wishes, Becerra punished B.B. for her drawing, deeming it “racist” and “inappropriate.” First, he instructed B.B. to apologize to M.C. for the drawing. Upon being apologized to, M.C. expressed confusion about what B.B. was apologizing for. B.B. shared M.C.’s confusion about the need for an apology but did as she was told. Second, Becerra banned B.B. from drawing and giving pictures to classmates while at school – a particularly harsh punishment for a first-grade child who loved to draw. Third, after receiving her punishment from Becerra and returning to class, B.B.’s teachers told her that she was not permitted to participate in recess for two weeks. During those two weeks where she was banned from recess, B.B. was forced to sit on a bench and watch her classmates play without her. B.B.’s parents were not informed about the drawing or punishment until about a year later.

    1. Are you serious? The 3 egg shapes aren’t holding hands. They have none which is suspicious.

      Is BB the orange person and MC black or vice versa? Is orange just a bad color?

      I’d like to commend BB for the symbolism used. 1st and 2nd graders take great pride in showing all body parts in drawings.

      Well, they all look like good eggs to me. Poor BB was punished and doesn’t know why. 🤪

      1. Parents should be aware of social programming in academia, media, commerce. If the story is correctly told the black parents were shown the picture the same day. The orange child’s parents found out a year later. Why so late?

        I can’t find any racism in the picture.

        Students have disrupted colleges over the past year for Palestinians. Jewish students have been unsafe. When questioned they say the 1200 Jewish people murdered is a lie and there are no hostages. When Gazans are questioned they say the same. There were congress people without decorum holding signs when Netanyahu gave a speech.

        The true purpose of freedom is truth. The truth is the events did happen. The truth is Israel is a nation. Return the hostages.

    2. Apparenly the Judge is not aware of the famous Jesuit saying – “Give me the child until age 7 and you may have the man”.

      It works.

      I have been trying to rid my thinking /conduct of the remnents of Catholicism for 6 decades. Not 100% successful yet.

    3. This rendition doesn’t agree with the scant fact presented in the article nor the picture itself. The shapes don’t have hands.

      Becerra would ask the teacher the objective of the MLK lesson. Even an introduction must have a takeaway objection. A drawing for assessment can be sufficient.

      Did the drawing meet the objective? It looks like the language black lives matter made through and BB was innovative by adding on with– any life matters. She met the objective and went beyond.

      The teacher punished a child for an assessment she herself taught and assessed? An objective in addition might be add 2+2. If the child writes 5 is she punished? The lesson is taught again.

      Freedom of speech can have many purposes. The actual purpose is truth avoiding the oppression of tyrannous effect of political correctness and programming. It’s simply Freedom.

    4. I don’t know the answer to this article but I do know my mother thought I had no freedom of speech at all. Zero. One day the teacher read Robert Frost’s poem to the class that continued the following: My little horse must think it’s queen to stop without a farmhouse near…

      Queer was part of the vocabulary as unusual. When I got home thinking I’d try out the vocabulary word I said, I’m feeling queen today. This made my older brother snicker as my mother grabbed my arm, took me to the bathroom and put soap in my mouth.

      It was many,many years later, I understood. I’ve always liked Robert Frost on the otherhand and didn’t harm me much.

    5. The racism was what? There isn’t any racism. The parents thought MC was singled out? For what?

      The schools values aren’t any life matters? Which lives? BB is white? White lives don’t matter? Thank you Mr Becerra.

    6. The Teacher erred in connecting MLK and BLM. These reflect entirely different ideologies and entirely different views on Racism.

    7. Thank God Mr. Becerra didn’t transition B.B. into a woman or something worse during the year when the parents didn’t know.

      This reminds me somewhat of punishments I received repeatedly in elementary school and never told my parents.

  13. We mostly all know children do not have access to complete rights and protections of the Constitution, but in exchange for which society offers them a greater share of protections and lower risk… when everything is theoretically considered, naturally. And we know, increasingly, that district federal judges have to make their opinion on the simplest treatment of the law, no more… the elaborations being left to Appeals and Supreme Justices. Provocation has become the forte of District opinions, giving the rapid opportunity to escalate. It is this fashionable attitude which gives opportunity to republicans, and “Intrigant” like Trump, to tell us they will redesign the Constitution… If Trump wins of course.
    What are the involved plaintiffs seeking. I am surprised at Jonathan giving sensationalism to this decision. At first sight, it just look like your simplified treatment of the Law like in “The law is the Law and nobody is above it, not even Donald Trump”.
    But what could we anticipate here, are the plaintiffs seeking an enlargement or a more restrictive interpretation of Tinker and previously interpreted?
    We could easily understand that Carter is mostly focusing on the very last segment of the passage cited by Jonathan: “…collision with the rights of other students to be secure and to be let alone”.
    Could we interpret BiBi’s contribution on the picture to be an act of Heckling. It’s a form of vandalism on the free expression of another person concerning his/here/there identity. Would it have been more appropriate, and accommodated, for Bibi to make her own picture on “inclusiveness” and writing the slogan in full: “All live Matter, even that of Donald Trump” instead of overlapping on another one”s expression?
    Should we fear that this could lead to another case of over emancipating of children, so eventually parents will have no say in the speech control of their own child….?
    We’ll have to wait…

    1. Denys I can not make sense of your comment.

      Turley quoted from Tinker. Carter did not follow Tinker.

      Tinker allows schools to censor the speech of students that is disruptive or infringes on the rights of others.

      Tinker require ACTUAL disruption, or ACTUAL infringement on rights.
      Not hurt feelings – and we do nto even have actual hurt feelings here.

      No one had their rights infringed on by BB’s sketch.
      Education was not disrupted.

      Carter erred.

      This case is not about Trump – except in the sense that we have another nutjob left wing judge ignoring the constitution and we must put a stop to that.

      This was a trivially easy case – BB’s rights were violated. PERIOD.

      This decision is so Bad Carter should be removed

      1. Thank you for your inquiry, effectively, I think most of the audience did not follow me on this one.Are you familiar with the Heckler’s veto. The Heckler’s veto is a concept around free speech which was elaborated by the Supreme Court (Feiner v. New York, 340 U.S. 315 (1951)). Basically, it explains that if part of crowd present at an event shouts loud enough as to prevent the remainder of the attendees to her what the speaker has to say, this loud crowd is qualified as “hecklers” and their speech is not protected. This principal is referred to as the Hecklers Veto. And in another famous precedent, the Supreme Court in a case involving the burning of the American flag (Texas vs Johnson, 491 U.S. 397 (1989)), explained that speech is more than just words and that actions may be considered as Speech and be protected as an expression by the First Amendment. In a case of writing your own view on someone expression through a picture of a statement concerning your identity, we are in the realm of free speech, and in the case of a school, I am asking, could this be considered Heckling because adding the comment “All lives Matter” you completely damage the original expression of another child. Naturally, this would be in the context of children… applied in the context of adult social media, it would restrain excessively Freedom of Speech. But this is exactly where Children and Adults Rights differ in intensity.

  14. It’s programming. When nations are transforming children are assessed to determine the effectiveness of the reprogramming and used to determine the home environment. The parents of BB have been identified.

    Until BB shows conformity she’ll be watched. At least BB was punished for her nonconforming picture. It isn’t evident what colors were acceptable in picture completion. Orange appears to be unacceptable or was it the words “any life”? How was it racially denigrating?

    Reprogramming assessment

  15. Reading the appeal that was filed, the mother of the child (M.C.) who reported the incident to the school, agreed with Becerra that it was all innocent. She did not want any further action taken against the other child (B.B.). Becerra, against M.C.’s parents wishes, punished her anyway. Forced her to apologize to M.C., something neither of the children understood what she was apologizing for. She was banned from drawing and giving pictures to classmates and also was banned from recess for 2 weeks.

    Becerra needs to be fired immediately and permanently banned from anything involving minors. The judge needs to be removed from the bench.

    1. Really, when programming children assessment is necessary. If a child shows non conformity in this case including orange people perhaps in a lesson about black children only then follow up programming is tried and not punishment.

      What did the apology include? It’s just stupid. MCs parent must have been upset thinking BB was intersjecting her orangeness and saying, I matter, too?

      I haven’t read Tinker nor this case. I glean from this article free speech stands on its own and is not defined merely by its functionality. Commerce uses free speech functionally and convinces people they need pet rocks.

      Bs

  16. Jonathan: rather than attacking the sober, well considered opinions of a judge forced to deal with court actions brought by racist parents resulting from the disciplining their child’s racist attacks on black Americans, as an alleged defender of civil rights you should be taking note of the identical childish racist attacks on DNC nominee Vice President Kamala Harris from Donald Trump and his equally extreme far right MAGA cult members. They demean VP Harris’ political history from her beginnings as a sharp local prosecutor in California convicting felons like Trump. Trump’s response is misogynist claims that she began her political life by having a sexual relationship with the married speaker of the Speaker of the California Assembly, Willie Brown. It is typical of cult leader Trump and his deplorable MAGA followers that they cannot recognize that a woman like Kamala Harris can be successful in the execution of her duties and rise through the political ranks on the basis of merit, and instead claim the only reason she could have climbed through those ranks in California politics is because she was having sex with Speaker Willie Brown. And alternately, that she got where she is today only because of being both black and proudly self-identifying as she/her.

    Trump’s childish MAGA racism and misogyny continues with claims that the only reason Kamala Harris was picked to be President Biden’s vice president is because she is a DEI racist appointment; that the only reason Biden picked her is because her skin color was black and she self-identified as she/her. The fact is the 2020 nominee, Joe Biden considered multiple other women: Karen Bass another California politician, former national security adviser and UN Ambassador Susan Rice, Georgia gubernatorial candidate Stacey Abrams, etc. Trump uses ‘DEI hiring’ as his dog whistle to his cult extreme right MAGA racists and misogynists. MAGA are not all evil as Trump is. Many are otherwise normal; but when Trump accuses a black woman of being in her position because she met check marks about her race and gender, the systemic white racism and misogyny of his cult followers within the Republican party boils to the surface. These are exactly the same kind of attacks they made on President Biden’s choice of now Associate Justice Ketanji Brown Jackson. They launch racist and misogynist attacks on both Democratic black women, both with law degrees, because they stand in the way of Trump and MAGA Republicans declared intention to make abortion for any reason illegal in America if they manage to cheat their way to power in this year’s election.

    Decent Americans would expect Speaker Mike Johnson to condemn these racist and misogynist fraudulent attacks on VP Harris as the nominee democratically chosen by members of the DNC. Instead, Speaker Johnson doubles down to signal his fealty to the Trump extreme right cult by forcing a resolution in the House to condemn Kamala Harris as an abject failure as a “Border Czar” that passed with a whipped vote of GOP members. This follows the previous day of openly politically motivated articles of impeachment against VP Harris that Johnson allowed to be introduced. Donald Trump’s dirty open secret is that there is no such thing as the position of “czar” in our government, and nobody has ever referred to VP Harris as “border czar”. VP Harris has instead done an incredibly good job of balancing American’s security concerns by addressing the root cause of people at risk in other countries coming to America to rightly apply for asylum.

    Jonathan; if you hope to maintain some shred of credibility, you must start recognizing the racism and misogyny of Trump and his cult of MAGA followers in the MAGA cult. It has now spread to partner with Speaker Johnson in the House and elected Republicans increasingly going extreme far right. VP Harris can easily be elected president simply on the strength of what she has accomplished and said in elected office. Voters looking at her accomplishments and what she has said while in public office can make a common sense choice in this election – but only if the racism and misogyny of Trump and his fascist MAGA cult is called out.

    1. Mr. McIntyre, there is absolutely nothing in this article that justifies your political screed. Please stick to the topic or go away.

      1. Dennis points out that Turley will ignore and bypass any and all of the Trump’s cults actions or Trump himself to keep the rage going for the people Turley writes for. And Turley’s number one job as his job on FOX is to NOT upset the grievance and hate that Trump supporters need.

    2. How readily a TrumpDerangementSyndrome-affected folk ignores some facts to make an anti-DJT rant …

      Harris was selected to run for DA in SanFran to oppose the DA who was looking to prosecute some very high level Ds. Brown’s name is always identified as one of those at risk for criminal prosecution … until Harris prevailed … and dropped all the charges.

      As Clyburn sought to derail Bernie Sanders and did what he did to anoint biden to keep Sanders from primary election wins … biden promised to select a “black” or a woman or both; just what he did when there were a few who checked both boxes. (Susan Rice was too much tied to obama and biden wouldn’t be able to outshine her.) Once biden moved into the White House, he found (or was handed) quite a few DEI appointments – as well as a few obama holdovers.

      Anyways …. McIntyre should start his own website … and wait to see if any clear-thinking folks who deal with facts visit it. (When I see McIntyre’s name on a post, I skim right by it – but I was curious about the posting that would deal with denial of free speech rights in a grade school. Instead, I found another sycophant rant!)

    3. @Dennis

      You are a ridiculous person. And if you find the Professor so sophomoric, stop coming here every day and posting blog length comments. You are either very bored or very much paid to do it. Both are sad. And the fact remains that this is a legal blog, not a political blog. You are supremely boring.

    4. “The fundamental dividing line in American society today is power — between those who have it and those who do not. Between those who control the financial system, justice system and information system and those who are at their mercy. Between those who can create hoaxes of whole cloth and make them the centerpiece of our political lives and those who can be framed and defamed without recourse. Between those who can persecute the innocent and those who are innocent. Between those who can flip narratives on a dime and between those who are the targets of those false narratives.

      Between those who can lie to us for four years and tell us Biden is mentally sound and then, within a week, declare him unfit, defenestrate him, nullify the primary, and coronate a new nominee and proclaim it all as democracy and those who can be censored and blacklisted merely for questioning power.

      Between those who can author an invasion and beat back all attempts to stop illegal alien voting and those who can face arrest for even raising questions about the security of our elections.

      Between those who can decide which crime story is international news and which murdered American’s name will never be heard.

      Between those who can spend a large fortune on wars overseas and those who cannot even afford to pay for rent or groceries.

      Between those who can offshore their factories and grow their wealth and those who are left jobless and penniless.

      The security, financial and political state is not fundamentally ideological. Its objective, down through time, remains the preservation of its own power. But these interests must form political alliances. And, in America, permanent power has aligned itself, conjoined itself, in a complete symbiosis with progressive ideology and the Democrat Party.

      Why? Because first, both are united in their desire for top-down control over our lives, especially by the appointed and unelected. And second, because the Democrat Party is willing to accept the terms of the grand bargain: to do exactly as they are told.

      They control Biden. But when his impairment laid bare their propaganda wall, he had to go. Now they control Harris: she will never challenge entrenched power in America, she will facilitate its every demand. On foreign policy, migration policy, justice policy, financial policy, security policy.

      The most important fact in this, however, is that there is one leader in all of American politics they do not control. Will never control. One man who answers to the people and only to the people: President Donald Trump.

      That is why those who hold permanent power are furiously hellbent on stopping him.

      That is why the corrupt political class is panicking and breaking every rule in pursuit of its own victory.

      And that is why this is the most important election in the history of our country.

      Vote to reclaim your freedom and your future. Now or never.” @StephenM

    5. Christ, have you lost your mind ?

      The only racism in this case is in Your, Beccera, and Carter’s minds.

      But even if BB was racist and he parents were racist – You, Beccera, and Carter are the GREATER EVIL.

      As progressive Justice Brandeis wrote 100 years ago – the remedy for bad speech is more speech.

      As Turley touches on citing Tinker which is a 55 year old Supreme decision by the PROGRESSIVE Warren court, it was a 7-2 decision.

      Tionker established that students in schools still have first amendment rights. But that in the very narrow circumstances where a students free expression was disruptive or infringed on the rights of others that a school could restrict it.
      Tinker requires actual infringement or actual disruption – not hypothetical

      BB’s alleged conduct in this case is FAR LESS problematic than the students who Won in Tinker.
      BB delivered a card privately to a fellow student. The school CLAIMS that is a message at odds with what the school is teaching. While not actually established – that is IRRELVANT – students may speak out completely at odds to the message the school favors. What they may not do is disrupt the classroom. Black armbands – OK. shouting down teachers – NOT OK. What they may not do is infringe on the rights of others. Saying something that hurts the feelings of another student – OK. Actually threatening another student with violence – NOT OK.

      This is only about Trump to the extent that it is another example of left wing nut judges disregarding the constitution – something Democratrs refuse to do anything about, and something that Trump has promised to do something about.

    6. Dennis, your off in la la land.

      First this case and article had nothing to do with Harris or Trump.

      But since you choose to go there – Was Congress woman, person of Color and 2020 Democratic candidate for President Tulsi Gabbard a racist and mysoginist MAGAt when in 2020 in the democratic debates she shredded Harris’s past record, and drove Harris out of the race without winning a single delegate.

      While Gabbard is now PNG in the democratic party – mostly for the mistake of pissing off Hillary Clinton when as a DNC Chair person she spoke out against Hillaries effforts to rig the convention and the primaries.

      Before that Gabbard was a rising star in the Democratic party – Giving the nominating speech for Barack Obama.

      Trump and Vance are not Harris’s problem. Gabbard is not Harris’s problem.

      Harris’s own record is Harris’s problem. You can try to sugar coat it all you want – But Harris has been a disaster in EVERY role she has ever had. Harris has time and again “Failed up”. She is the ultimate beneficiary of DEI.

      She has as much trouble speaking a complete coherent sentence as Joe Biden does – except Biden has the excuse of Dementia. Harris does not.

      Honestly even Crooked Hillary would be a less bad choice for Democrats and the country.

    7. Dennis, Harris may be the only democratic candidate easier for Trump to beat than Biden.

      She is in her honeymoon right now – and if the polls have move AT ALL – it is by a few tenths of a point in her favor.
      EC no tossups predictions are Trump 312 Harris 226
      Betting odds are
      Trump 2:1,

      And Harris has still not been seriously vetted yet.

      Trumps support is ROCK solid. You have tried to jail him, and assassinate him, you have lied constantly and been caught in those lies.

      The voters who are supporting Trump are NOT changing horses. Republicans are happy and united. There are youtube song parodies asking if anyone told Joe Biden that he dropped out. There appears to be a knife fight going on between the Clinton Democrats and the Obama Democrats and rumors that Joe (and Jill) are seething at being forced out and actively looking for revenge. Shapiro, Whitmer and newsom have all refused to be her VP. They are not going down with the ship.

      And idiots on the left are ranting that Kamala was not the Border Czar = often the Very same idiots that ran headlines celebrating VP Harris as Border Czar

      Republicans are having Fun. That should terrify you.

  17. Really disturbing here is that the School, the Courts all decided to step into something that is both innocuous and none of their business.
    No evidence has been presented of a disruption of school. Therefore none of this is the business of the school or the courts.

    Contra Judge Carter there is absolutely no right to be free from offense – that is PRECISELY what the first amendment absolutely asserts.

    There is no right to live in a world were viewpoints that disturb you can not be expressed.

    1. “ There is no right to live in a world were viewpoints that disturb you can not be expressed.”

      Like discussing CRT in schools, right?

      1. Public schools exist to Teach – not indoctrinate – there is no government right to free speech.

        Regardless schools are not discussing CRT – they are TEACHING it.

        Schools absolutely should be DISCUSSING that CRT is the admixture of Marxist Critical Theory with a health dose of Racial conflict.

        They should be discussing the FACT that Marxism is the bloodiest ideology EVER and it is not even close.

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Res ipsa loquitur – The thing itself speaks

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