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Tuesday, July 16, 2024

On-point precedent (Updated)

The latest target of Libs of Tik Tok has on-point precedent on her side. Maybe there is a difference between a special-ed teacher and a clerical police employee, although I doubt it. The school would have to show some risk that she has brought or will bring her heinous political views into the classroom. Unless cop-porn has changed the legal landscape.

Update: Seems to be spreading and escalating. A teacher in Oklahoma City posted "[w]ish they had a better scope" and the state superintendent announced that he was coming for her license, insisting that "[n]o one in Oklahoma education system will support the assassination of @realDonaldTrump. It will not be tolerated. Ever!" Interesting response--query whether it extends to those supporting the assassination of anyone else (suppose Crooks decided to shoot at Biden--new reports suggest he picked his target at random). Or to those who, for example, insist that Derek Chauvin was justified in killing George Floyd. Otherwise, this guy gave himself a viewpoint-discrimination problem, atop everything else.

Posted by Howard Wasserman on July 16, 2024 at 04:55 PM in First Amendment, Howard Wasserman | Permalink

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