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Supreme Court Justices Say They Are "Afraid" to Rule In Defense of First Amendment, Showing Drastic Shift In the Culture of Free Speech
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Does the First Amendment protect a student’s free speech when they are not in school?

The overwhelming majority of Americans may think so, yet both conservative and liberal justices on the Supreme Court are reluctant to agree.

In Mahanoy Area Schools District v. B.L., high school student Brandi Levy was punished by school administrators for saying “fuck school” in a frustrated Snapchat post made off campus.

While most students usually endure this type of overreach, Levy has teamed up with the ACLU to challenge the school’s right to censor her when she is off campus.

What is unique about this case is that dozens of groups representing the left, the right, and various religious organizations have filed briefs in support of the plaintiff. The Republican party has made combating “cancel culture” on of their top issues, while liberals by and large are always on the side of loosening restrictions on obscenity.

While the specifics of the case are largely inconsequential, political actors of all types are shoehorning their interests into the debate because a court ruling could have massive implications for political and religious freedom, by potentially expanding or curtailing them.

The only briefs opposing her free speech rights come from the Department of Justice and the Anti-Defamation League, the latter which on the one hand supports Levy’s right to say obscene things but not a student’s right to express ideas that may offend someone belonging to a privileged gender, sex or race.

So far, SCOTUS appears to agree with the plaintiff’s right to curse at her school and classmates, but have expressed “fear” that upholding her free speech rights will also protect students who engage in anti-establishment off campus political speech.

The reluctance from the justices represents a historic shift in the court, which has traditionally been perceived as an unflinching and reliable defender of free speech, including for students inside of school (Tinker v. Des Moines, 1969). They understand that the ADL and DoJ’s position — that schools only have a right to censor “hate speech” — is legally contradictory, yet they still feel obligated to include these elite political concerns even to the detriment of basic Constitutional principles.

In a sense, the difficulty the court is having in coming up with a majority opinion is due to unconstitutional precedents previously set to implement the Civil Rights Act’s Title IX, which on paper is supposed to ban institutional “discrimination” in the education system based on race or sex or gender theory, but is often informally applied by activists to punish students that express political views challenging the state ideology on these matters.

There have been no new developments in Mahanoy Area Schools District v. B.L. since April 28th, causing some to speculate that the court composed of 6 conservative appointees and 3 liberals may not be able to come to a majority opinion.

Most of the people who hold sway in the American education system are liberals or on the far left, meaning that students with right-wing or Christian beliefs will bare the brunt of inaction or a legally baseless ADL ruling.

If conservative judges cannot be relied upon to uphold the First Amendment rights of their own supporters, which they have been telegraphing that they are not, who will?

(Republished from National Justice by permission of author or representative)
 
• Category: Ideology • Tags: Censorship, Free Speech, Supreme Court 
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  1. This is terrible news indeed. Is this the beginning of the end for free speech in the U.S.?

  2. Sharpen up the guillotines

  3. It’s called the American dream because you need
    to be asleep to believe it.What we have here,is,
    failure to communicate.NOW… lawyers are to be
    respected,appointed,promoted and paid by us to
    determine an allowance on our free speech?
    What a cuntry…
    Progress?
    Again,I say WOW.

  4. Not to stick a feather in my hat but I saw this coming from the so called Supreme Court, many years ago. I remember how my dad reading some newspaper article years ago would several times say in a derisive tone of voice, “Supreme Court”. He was dead on right.

  5. PJ London says:

    The problem is not this case, this case is trivial, but how to word the decision without destroying the concept of “Hate” speech.
    If “Fuck School” is OK why not “Fuck Jews” or “Fuck Blacks”?
    The old standard of banning speech designed to provoke or encourage violence is too lenient for our Jewish masters.
    If you can deny climate change or Covid what is to stop you denying 6 million or gas ovens?
    If they support “Free Speech” then the whole of the 6 Jan insurrection case falls apart.
    It is going to be the US people v’s DoJ/ADL and USSC cannot throw both under the bus.
    The ramifications are enormous and the wording has to be perfect.

    • Thanks: goldgettin
    • Replies: @Brian Reilly
    , @bayviking
  6. Pack the Court with right wing morons from the Federalist Society and this is what you get. But heck, ya gotta give up something if yer gonna save all the darling little fetuses from those murderin’ feminazis, right?

    • Replies: @ATBOTL
  7. Rahan says:
    @Robin Hood

    This is terrible news indeed. Is this the beginning of the end for free speech in the U.S.?

    Reaching midpoint, rather.

  8. JimDandy says:

    I can understand their fear and trembling. Being put in a position where they have to make tough decisions upholding the Constitution is extremely traumatic and triggering. The privileged lawyers bringing these cases to The Supreme Court are guilty abuse, plain and simple That hallowed courtroom should be–first and foremost–a safe space for its employees.

  9. ATBOTL says:
    @Observator

    Even National Review admitted last summer that the Federalist Society is a scam.

    • Replies: @unwoke
  10. JVC says:

    “So far, SCOTUS appears to agree with the plaintiff’s right to curse at her school and classmates, but have expressed “fear” that upholding her free speech rights will also protect students who engage in anti-establishment off campus political speech.”

    Thought that was the purpose of the 1st. amendment–to protect anti-establishment political speech (amongst other things}. Shoot–this country was founded on anti establishment political speech

    • Agree: Right_On
  11. unwoke says:
    @ATBOTL

    lol, National Review?!?..talk about scams!

    • Replies: @Getaclue
  12. unwoke says:

    “Levy has teamed up with the ACLU to challenge the school’s right to censor her when she is off campus… liberals by and large are always on the side of loosening restrictions on obscenity.”

    Liberals today are on the side of loosening restrictions on obscenity only when it jibes with their other beliefs. Liberals of the past may have taken a broader view based on the general principle but liberals today would never support a brief defending someone saying “fuck BLM” or “fuck George Floyd” or “fuck illegal aliens” etc. And neither would the ACLU, which has become much more political in its advocacy of identity politics recently, unlike in the past. And ADL would generally not oppose a suit filed by a fellow Jew like Levy. We don’t know either, whether Levy herself & her supporters would back a similar suit if a student was reprimanded for saying off-campus, “fuck the Jews”. This gets complicated because of the different interests involved here. It would be best if we had complete free speech again in this country but we know that not even some of the various “political actors of all types” that have joined in this suit really want that, sadly.

  13. @PJ London

    PJ, You are opposed to free speech if you support government strictures forbidding what you refer to as “hate speech”. Fuck Jews indeed. Fuck blacks too. Go all the way, fuck niggers while you are at it. Fuck Papists, Polacks, wetbacks and dagoes. Don’t forget fucking queers, dykes and trannies too. Fuck honkies, slopes and packs as well. Fuck Fauci, and Gates, and Biden and Trump and Clinton. Fuck Ron Unz, as long as we are at it.

    And fuck you, PJ for supporting censorious pieces of shit.

  14. When are Protestants going to learn that you can’t expect Catholics to have Protestant views? Free speech was a WASP idea. It was not a Catholic one. The Jews and the Catholics in the Judiciary are turning “English Common Law” into European Civil Law. That is what they do.

    We don’t commonly have evidentiary hearings like we once did. Now cases are decided without the need to have evidentiary hearings. The judges just decide no evidentiary hearing is required. They seem to know what the evidence is without a hearing. That is what happens in European Civil Law, not what happened in English Common Law.

    English Common Law, developed by WASPS is being replaced with European Civil Law which is primarily Catholic and liked much more by Jews than English Common Law is.

    • Replies: @Reg Cæsar
  15. Trinity says:

    People have GOD GIVEN RIGHTS. OUR FOUNDING FATHERS KNEW THIS, somehow along the way, people lost their backbones and common sense.

    Take a good look at the people in that picture. Do they seem actually better than you somehow? IF you think so, what world are you living in.

    Btw, Trump’s 3 picks HAVE BEEN AS USELESS AS TITS ON A BOAR. Surprise? Hell, no.

    • Replies: @goldgettin
  16. @unwoke

    Liberals today are on the side of loosening restrictions on obscenity only when it jibes with their other beliefs.

    In other words, they are not liberals in any sense of the word.

    They are progressive. Like dementia and cancer.

  17. @davidgmillsatty

    Free speech was a WASP idea. It was not a Catholic one. The Jews and the Catholics in the Judiciary are turning “English Common Law” into European Civil Law.

    Common law was born in a Catholic England. Protestant Scotland, Scandinavia, northern Germany, Jamaica, Trinidad, and South Africa don’t have it.

    When are Protestants going to learn that you can’t expect Catholics to have Protestant views?

    Says who? Ireland, Belgium, Luxembourg, France, Spain, Portugal, Costa Rica, Colombia, Brazil, Uruguay, and Argentina have all jumped onto what is, in the words of the mainline churches, the fulfillment of the Reformation:

    The retrograde Romanists in the Vatican, Italy, Austria, Poland, and Lithuania refuse to enter the 21st century. Typical Catholics!

    • Replies: @Reg Cæsar
  18. @Reg Cæsar

    Oops. Jamaica and Trinidad are on the common law map. It’s the latter phenomenon that they reject. They are Protestant, but hold onto Catholic views in such matters. “High and crazy“, as they say!

    • Replies: @Fran800
  19. Tell them to suppress Zionism as hate speech against Palestinians.

    But I’m sure they will be afraid of enforcing ‘hate speech laws’ against Zionism.

    This is really fear of Jewish Power.

  20. @Trinity

    Trinity,I don’t know about you,but the first commandment
    in your religion,in a book written by God, says ONE God and
    Only ONE.Not 3.
    You said “people have God given rights.”If that were true,
    why all the fighting?”What world are you living in?”
    Is your statement not backwards?The joo di c i a l system
    was designed to exploit the backbones and deter (not so)
    common sense.Control the sheeple has been the plan for
    1000’s of years,and it’s working very well thanks to people
    “believing “in NONsense. Now that they’re learning to read,write
    and finally think,the “faith” isn’t necessarily important.
    You “take a good look at that picture” and realize they’re not
    the only ones posing,YOU are probably helping to pay for it…

    • Replies: @acementhead
  21. Well, I don’t about all of this hoopla over a cheerleader saying “f*ck school” in the Mahanoy Area School District when Mumia Abu-Jamal remains incarcerated in the Mahanoy State Correctional Institution, as an internationally recognized political prisoner!

    Yes that is the one and same Mahanoy City PA. I used to live there, it was a dying old coal town… Until the prison came along, it’s new industry.

    • Replies: @Adama Gert
  22. @Adama Gert

    Edit: …I don’t KNOW about all of this hoopla…

    And for what it’s worth, “Mahanoy” is a Native American word meaning “when the deer come down from the mountain to drink from the creek” or something like that… After the coal mines however the the creek would be too toxic to drink from… As kids we were always warned not to play in the abandoned mines. I’ll never forget the old miner across the street who would sit on his porch coughing up black phlegm all day… He died of Black Lung.

  23. Meh, free speech is so eighteenth-century. This is not your father’s or grandfather’s USA.

  24. If “they’re afraid” to uphold the law, they shouldn’t be on the Supreme Court, whose alleged purpose is to interpret the CONSTITUTION rather than interpreting popular culture, which is usually just a product of the propagandizing Zionist media.

    If anyone needed anymore proof that the Supreme Court is a collection of useless, overpaid idiots, this is it. It doesn’t matter what they say anymore. By this stand, they’ve become completely irrelevant.

    What other decisions will they be afraid to make? I can’t finish reading the article because I have to get these idiots out of my face…. it may have been better if there weren’t a photo of them.

    • Replies: @Orville H. Larson
  25. @Robin Hood

    As the child said in the old story “The Emperor has no clothes,” the same can be said by John Q. Citizen “The SCOTUS has no balls.”

  26. KenH says:

    Brandi Levy was punished by school administrators for saying “fuck school” in a frustrated Snapchat post made off campus

    But would the ACLU be supporting Ms. Levy if she made negative remarks about blacks? Highly doubtful.

    This should be an easy decision as common sense says that public/government schools cannot censor their students on third party social media platforms. They don’t have the authority to control the speech of their students off campus.

    It’s very disconcerting that lower courts apparently think the school’s reach does extend off campus and to third party platforms and upheld the school’s decision forcing Levy to appeal to SCOTUS.

    I was afraid SCOTUS would go wobbly on the first amendment just like they seem to be on 2A issues (they’ve been rejecting most 2A cases). Rather than do the right thing and reinforce the Brandenburg V. Ohio ruling they will probably try to find some mushy middle ground so as not to alienate either side but which won’t solve the issue.

    Anyone looking to the “conservative” SCOTUS to preserve and uphold our rights is going to be sorely disappointed. They are cowards and a lifetime appointment means nothing when social ostracism in the beltway swamp is much more effective in influencing conservative justices to betray their principles.

    • Agree: Sick of Orcs
  27. Only Justice Thomas has balls, though he benefits from being a minority.

    The rest of the corrupt court can gf themselves.

  28. @unwoke

    We don’t know either, whether Levy herself & her supporters would back a similar suit if a student was reprimanded for saying off-campus, “fuck the Jews”.

    I don’t think whites have “standing” for any legal recourse these days. This is just a Jewfestival to celebrate their special rights and/or pretend to the rest of us that we actually have a functioning judicial system.

  29. bayviking says:
    @PJ London

    Since when did “Fuck School”, or Fuck Jews become “Hate Speech”? It can just as easily mean I don’t want nothing to do with school or Jews. Feeling you couldn’t care less about something is not equivalent to hating something. In general, Free speech ends, when it invokes panic or violence in the public. So, fuck the power grabbing Supreme Court, that proved it consists of Republican hacks that hate democracy in 2000. They proved this when they carefully worded their 2000 decision so that it could never be applied if a Democrat found himself in the same position Bush was in. SCOTUS pretends racism has ended and there is no longer any need for a voting rights act, while Republicans actively reduce the registered voter list wherever they can get away with it. Fuck the Republican Party, especially the Libertarian wing. Fuck everybody in this country that supports Israeli and US violence.

  30. @Jolly Roger

    “If anyone needed anymore proof that the Supreme Court is a collection of useless, overpaid idiots, this it. . . .”

    You’re right, but did you just find this out? The Supreme Shysters are nine unelected, unaccountable, ethics-free megalomaniacs. Hell, Chief Justice Warren Burger once remarked, “We’re the Supreme Court and we can do what we want.”

  31. nickels says:

    The only reason the supreme courts exists-from day one-is to overrule the will of the people for the will of the oligarchs.
    As the oli’s get more and more satanic it will only get worse.
    When these people stumble. and stumble they will, none of them are ever going to get up again.

    • Agree: Alfred Muscaria
  32. The worstest public schools really are f* schools.

    I heard that a boy and girl, students at a local elementary school, were discovered having sekz in their school’s boys bathroom; not sure whether they had a pass.

    It’s really something how the government drafts kids into miserable and often physically dangerous schools, then tells them to STFU while they’re held captive therein/out.

    [MORE]

    Next thing you know the schools will ban kids from coming in wearing t-shirts that say “A_p_e is right!”

  33. “…meaning that students with right-wing or Christian beliefs will bare the brunt of inaction…”

    Maybe they would bare their arse at the SC but they would ‘bear’ the brunt. Words have meanings: well they used to.

    Why didn’t anyone else point this out? Why does it always have to be me?

  34. @goldgettin

    “…in a book written by God, …”

    No, no books at all have been written by “God”, all books have been written by men(or women).

  35. Getaclue says:
    @Robin Hood

    When the Leftist/Communists were out of power — Free Speech was important and nearly all the cases were about their “Free Speech” and upheld their “Rights” to same — now when it is shutting up the Right/Conservatives? “Free Speech” is no longer important — that is what is up here — a certain group is being shut up and “Judge K” and ACB are nothing but Establishment Elitists so they are going to vote with the Lefties on the Court and still get invited to all the Cocktail Parties and events of the “Elite” in DC….vomit on all of them

  36. Getaclue says:
    @unwoke

    You didn’t catch that’s why he said “Even National Review”?

  37. Fran800 says:
    @Reg Cæsar

    Gay marriage is not a Protestant view. Most Protestant churches have buckled to pressure on the issue of gay marriage and all other gay views that follow it. Protestant churches have hollowed out as a result because most congregants do not support it.

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