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From: moviePig <nobody@nowhere.com>
Newsgroups: rec.arts.tv
Subject: Re: Defying 200+ Years of 1A Precedent, Federal Judge Rules XX
 Armbands Can be Banned
Date: Wed, 16 Apr 2025 15:11:15 -0400
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On 4/16/2025 12:39 PM, BTR1701 wrote:
> 
> https://nhjournal.com/judge-rules-school-can-ban-xx-protests-over-males-in-girls-sports/
> 
> The Bow School District was acting within its authority to kick two soccer
> dads out of a girls game for wearing pink XX wristbands as a silent protest
> against biological males playing on girls' teams, a federal judge ruled
> Monday.
> 
> But one of the dads, Anthony Foote, told NHJournal he plans to keep fighting
> for what he sees as the rights of women and girls.
> 
> "What was our offense? Supporting girls' sports and defending biological
> reality?" Foote said. "This ruling is a slap in the face to every parent who
> believes schools should be a place of fairness, not political indoctrination.
> The judge openly admitted that Pride flags are allowed because they promote
> 'inclusion', but wristbands defending women's sports are banned because they
> might 'offend' someone. That's viewpoint discrimination, plain and simple  and
> it's unconstitutional."
> 
> United States District Court Judge Steven McAuliffe ruled against Foote, Kyle
> Fellers, Eldon Rash, and Nicole Foote in a 45-page order denying their
> preliminary injunction against SAU 67. The parents are being represented by
> the Institute for Free Speech, a legal nonprofit that promotes parents'
> rights. Del Kolde, the senior attorney, said he is still considering his next
> steps in this case.
> 
> "We strongly disagree with the court's opinion issued today denying our
> request for a preliminary injunction. This was adult speech in a limited
> public forum, which enjoys greater 1st Amendment protection than student
> speech in the classroom. Bow School District officials were obviously
> discriminating based on viewpoint because they perceived the XX wristbands to
> be 'trans-exclusionary''. We are still evaluating our options for next steps,"
> Kolde said.
> 
> The crux of McAuliffe's ruling is that while Fellers, Foote, and the others
> acted within their 1st Amendment rights to protest, venues like school
> athletic events are considered "limited public forums" and school officials
> acted within their legal authority to restrict what the parents said and did.
> 
> "The question then becomes whether the School District can manage its athletic
> events and its athletic fields and facilities  that is, its limited public
> forum  in a manner that protects its students from adult speech that can
> reasonably be seen to target a specific student participating in the event (as
> well as other similar gender-identifying students) by invited adult
> spectators, when that speech demeans, harasses, intimidates, and bullies. The
> answer is straightforward: Of course it can. Indeed, school authorities are
> obligated to do so," McAuliffe wrote.
> 
> For days before the Sept. 10, 2024, game, Anthony Foote and Fellers made it
> known to school officials that they were unhappy Bow High School was going to
> play a game against a girls' team with a biological male player, Parker
> Tirrell.
> 
> Days before the game, Tirrell made national news with a court victory against
> the state of New Hampshire's law barring biological males from girls' sports.
> 
> The dads went on social media to discuss various protest ideas, according to
> the evidence in the case. McAuliffe wrote that it is reasonable, given the
> context of the game, for SAU 67 administrators to be concerned that the
> potential protests would be interpreted by Tirrell as bullying and harassing.
> 
> And as such, the judge ruled, the school had the right to limit the dads'
> speech.
> 
> "The message generally ascribed to the XX symbol, in a context such as that
> presented here, can reasonably be understood as directly assaulting those who
> identify as transgender women," McAuliffe wrote. "Because gender identities
> are characteristics of personal identity that are 'unalterable or otherwise
> deeply rooted', the demeaning of which 'strikes a person at the core of his
> being', and because Bow school authorities reasonably interpreted the symbols
> used by plaintiffs, in context, as conveying a demeaning and harassing
> message, they properly interceded to protect students from injuries likely to
> be suffered."
> 
> Fellers and Foote have maintained they were not targeting or harassing any
> particular student with their wristbands. McAuliffe ruled that, even accepting
> their stated intent not to harass Tirrell, the broader context for the game
> made the SAU's actions reasonable and justified.
> 
> "While plaintiffs may very well have never intended to communicate a demeaning
> or harassing message directed at Parker Tirrell or any other transgender
> students, the symbols and posters they displayed were fully capable of
> conveying such a message and that broader messaging is what the school
> authorities reasonably understood and appropriately tried to prevent,"
> McAuliffe said.
> 
> Critics of the judge's ruling say that it is clearly viewpoint discrimination
> and the judge's view that "gender identity" is "inalterable" isn't based on
> biological fact or in law.
> 
> McAuliffe has yet to rule on the permanent injunction. Fellers, Foote, and the
> other parents are seeking to allow them to protest at school games and other
> events.

I wonder if, say, Swastika hats should be permitted on the sidelines.