It’s a revelation in a new First Amendment lawsuit as the political committee supporting the Amendment 4 abortion rights initiative sued a pair of state officials Wednesday in federal court.
Floridians Protecting Freedom (FPF) is currently negotiating with CBS affiliate WINK-TV to get the ads back on air, but representatives for the PC say it has lost valuable time to reach voters in that market with the election just three weeks away.
FPF is suing Surgeon General Joseph Ladapo, who is also the head of DOH, and John Wilson, the Department’s former General Counsel who wrote the letters, in the U.S. District Court’s Tallahassee Division.
“The State’s threatened sanctions against third-party media organizations that host the advertisement — in a heavy-handed effort to silence FPF’s speech — is a classic and deeply disturbing example of unconstitutional coercion,” the lawsuit said. “Defendants’ threat is an escalation of a broader State campaign to attack Amendment 4 using public resources and government authority to advance the State’s preferred characterization of its anti-abortion laws as the ‘truth’ and denigrate opposing viewpoints as ‘lies.’”
The lawsuit is asking the federal courts for an injunction to stop the state from threatening or intimidating more TV stations over the ads, aimed at supporting a ballot measure that would protect abortion rights in Florida’s Constitution and overturn the state’s current six-week abortion ban. FPF is also asking for compensatory and punitive damages as well as attorneys fees.
“CBS affiliate WINK News, a leading local news station in Southwest Florida, has stopped airing a false advertisement created by a dark money group to push Amendment 4,” the Vote No On 4 Florida opposition group said in a Wednesday afternoon statement. “The ad was removed for making a patently inaccurate and harmful claim about Florida law: That it prohibits abortion even when the pregnancy is a threat to the mother’s life.”
The ad at the heart of the controversy is about a Tampa woman who found out she was diagnosed with terminal brain cancer when she was 20 weeks pregnant with her second child. Before Florida’s current abortion law, she was able to get an abortion to get chemotherapy that extended her life for her family.
“Florida has now banned abortion even in cases like mine. Amendment 4 is going to protect women like me. We have to vote ‘yes,’” the woman identified as Caroline says in the ad.
But in his cease and desist letters to Florida TV stations, Wilson argued, “The advertisement is not only false; it is dangerous. Women faced with pregnancy complications posing a serious risk of death or substantial and irreversible physical impairment may and should seek medical treatment in Florida.”
Wilson wrote that TV stations playing the ad were violating sanitary nuisance laws that were punishable as a second-degree misdemeanor.
FPF’s lawsuit countered that examples of health sanitary nuisances are things like garbage and dead animals — not “political advertising that contradicts state officials’ political beliefs.”
Wilson’s Oct. 3 letters caused the Federal Communications Commission (FCC) Chair to issue a reprimand.
“The right of broadcasters to speak freely is rooted in the First Amendment,” FCC Chair Jessica Rosenworcel said in a statement. “Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.”
Wilson left DOH a short time later, according to the Miami Herald, which reported that the reason for his departure was unclear.
FPF also stood by the Caroline ad and called it an accurate depiction of the state’s abortion law.
“Suffice to say, FPF disagrees with the State of Florida’s narrative about its current law, which bans most abortions after six weeks’ gestation,” the lawsuit said. “FPF sponsored Amendment 4 precisely because current Florida law does not protect women and instead runs roughshod over their rights and imperils their health by substituting the government’s judgments for those of women and their healthcare providers.”
FPF plans to keep running more ads, the lawsuit added.
Abortion rights advocates participate in a protest outside of the U.S. Supreme Court Building on June 24, 2024 in Washington, DC. (Anna Moneymaker/Getty Images)
In a last-minute effort to kill a proposed ballot amendment that would restore abortion rights in Florida, state officials are accusing a group that gathered signatures to get the amendment on this year’s ballot fraud.
Florida Deputy Secretary of State Brad McVay claimed in a 348-page report released on Friday night that Floridians Protecting Freedom paid out-of-state petition circulators to harvest fraudulent signatures. That group that gathered nearly 1 million signatures for the abortion rights effort. The report alleges the Department of State has been flooded with complaints about potential fraud, and that it had opened over 100 criminal investigations.
“The allegations included reports of paid FPF petition circulators signing petitions on behalf of deceased individuals, forging or misrepresenting elector signatures of petitions, using electors’ personal identifying information without consent, and perjury/false swearing,” the report claims, noting that “more than 20” of the 911,000 signatures were from now-deceased Floridians.
Florida law allows voters to add amendments to the state constitution directly, if 60% of voters agree with a given proposal. Though the election is just three weeks away and ballots have been printed, challenges to the amendment could invalidate votes cast for the initiative.
Florida Democrats warn that the report is just another tactic aimed at killing the effort to repeal the state’s DeSantis-enacted six-week abortion ban.
“DeSantis is so obsessed w/ending reproductive freedom in FL that he has weaponized every state agency against us, is spending PUBLIC $ to campaign against [the ballot initiative] & now — while we’re recovering from a hurricane — releasing late night reports, threatening to cancel our votes,” Democratic state Representative Anna V. Eskamani wrote in a post to X.
Sorry I can not post the original. It is behind a sign-up to read wall for me. Maybe you can. Hugs. This with the other stuff I posted on guns from news stories (I lay awake most of the night trying to sleep but not getting there, due to steroid shots and worry about my friend) we see a rise in gang thug behavior by a minority of the right driven by maga and tRump driving fear of the other, fear of legal immigrants
These weren’t typical disaster-relief volunteers. They were members of Patriot Front, an organization branded by the Anti-Defamation League as a white-supremacist group. Neo-Nazi groups aggressively escalating their activity in recent months across the U.S. have seized upon a potent new recruiting tool: the surging tide of misinformation surrounding hurricanes.
Exploiting public confusion, grief and communication breakdowns, white supremacist groups are now showing up in vulnerable storm-ravaged communities in Florida and North Carolina.
They blend in among the many legitimate church or other charity workers that have rushed in to help. But these militia groups offer aid while filming propaganda videos that both amplify falsehoods about the government response and help the groups remake their image as patriotic civic organizations for men.
Read the full article. No paywall. Excellent reporting. Below is a sample of the screaming by the cult.
THIS is the front and center headline at the @WSJ. After gov has abandoned the people of NC, TN, the WSJ has this!!! No matter how much you hate the media…….
I’d like to begin with a bit of personal history this morning. I was raised in the ELCA Lutheran Church. There are a few different “Synods”, sects/divisions/understandings – if you will, of the Lutheran Church. I then went to a United Methodist church, where I received further education, eventually going on to earn a B.A. in a weird triple major of psychology, sociology and business – (I was originally really interested in how religion, business and “work” interacts within people themselves and society in general).
So, while I am full of questions and doubts, that is the structure of my very understanding of the world. What I’d like to shallowly talk about today is “religion”.
What we are seeing in much of the political realm is not religions of faith, they are religions of control.
I say this knowing this is going to be offensive to many people. But there are times when the truth hurts, and I remember reading somewhere how the truth shall set us free.
Religion seems rife with the blind – those who will not see, will not hear, because they are desperate.
I feel for those taken in by people who have found a pulpit the fastest way to power and wealth. Folks searching for answers and hope will grasp at anything that seems to be a good solution.
I believe this is the prophecy of the age. Graham was right, and he knows it to this day.
Belief in God is a very humbling thing. It is the knowledge that you will never be “all that”. What’s worse is that when you think you are, you realize you have become an arrogant ass comparing your perfection on the flaws of others and completely ignoring that guy in the mirror.
Despite getting my degree from a Christian College and growing up in the church, I no longer go to church. I sometimes wonder if God isn’t welcome there all too often. Instead I find God in all that I see, in the trees and stars in the sky. I don’t know that there is a God, but I want to believe there is, and so I do. Be it Humanist or Christian, what really becomes important in my book is that we love our neighbor and ourselves, and give a big thanks to however all this beauty that surrounds us came to be.
Oklahoma school officials worship at the altar of Trump Read on Substack
(Some blue language within.)
Yes. This is happening.
A knuckle-dragging religious troglodyte Trump cultist in Oklohama disguised as the state superintendent of schools has made Bibles in the classroom a statewide requirement. Oh, it gets worse. Initially, when the requirement was made, only one Bible fit the requirement. I’ll let you guess which one.
The initial requirement was that the Bibles be bound in “leather or leather-like material for durability,” and include the United States Constitution, the Bill of Rights, the Declaration of Independence, and the Pledge of Allegiance. The only Bible that fits that requirements cost $59.99 and puts the profits directly into the wallet of one Donald J. Trump.
Fortunately for Donald Trump, while the requirement was that the Bibles purchased for schools with state money contain the U.S. documents, there isn’t a requirement that they not be made in a factory using child labor in China.
Fun fact: The “God Bless the USA” Bibles, as they’re called and selling for $59.99, are only made at the cost of $3, and again, in China…the nation Trump claims is bribing President Joe Biden.
I never read the entire Bible but because of a mostly-Southern childhood where I was forced to attend church, Bible school, revivals, a Baptist Halloween, and even a Baptist private school against my will, I am pretty damn familiar with it. I know there’s no mention in the Bible of the Declaration of Independence, the United States Constitution, the United States, or Donald Trump. Also, how was I forced to attend all that Baptist stuff when I was born Catholic? Why?
What fucknut Ryan Walters is trying to do is force his religion on the children of Oklahoma while making a broad appeal to Donald Trump.
Donald Trump is the easiest politician to manipulate because he’s a corrupt narcissist. It’s why Republicans and foreign governments rented his hotel rooms while he was president (sic), even when they didn’t stay at his hotels. There are many ways to purchase Trump’s affection.
William Barr once rented the ballroom at Trump’s Washington hotel. Who the hell goes to a William Barr party? That sounds brutal. You could run into a Cory Lewandowsky or a Stephen Miller at one of those. Scott Pruitt, a member of Trump’s cabinet needed a new mattress and instead of buying a new one at an actual business that sells mattresses, tried to purchase a used one from Trump’s DC Hotel. Why would you want to buy a used mattress that thousands of people got funky on and could possibly contain bedbugs instead of, oh, I don’t know, purchasing a brand new one nobody’s ever shagged on? A mattress that MAGAts got busy on is the worst.
Here, Walters is appealing to Trump’s narcissism and corruption, possibly to win a spot in his administration. Bribing someone is so much easier than working to charm them. And here, Walters, who probably has zero charm, is bribing Trump with taxpayer money.
Just as Louisiana is forcing the Ten Commandments to be displayed in every public classroom in the state despite its abysmal literacy rate, Oklahoma is forcing Bibles in its classrooms when 45 percent of its fourth graders are below the basic reading level. That’s not OK (see what I did there?).
Maybe Oklahoma should use the textbooks it has now to teach its children how to read before sticking unnecessary zealotry bullshit on its walls that they can’t read.
It’s too bad “thou shall not grift,” “thou shall not bribe,” and “thou shall not force its religious fuckery on thy schoolchildren” aren’t part of the Commandments.
Also, Bibles should NOT be in any public school classrooms. The Bible should not be taught in schools. What should be taught in school is math, reading, and history. Maybe if we do a better job at teaching history, we’ll stop being so stupid to repeat it. Current events should also be taught in classrooms as well (not what Beyonce is wearing but news) so people in Oklahoma and Louisiana can see that their Republican officials are trying to turn their states into the Taliban. Don’t do that. Taliban bad.
Because of pressure, the state is backtracking and adjusting the requirements for the Bibles, which they’re taking bids for now. The Constitution, Declaration of Independence, etc, etc, don’t have to be a part of the Bible now, they just gotta come with it. They’ve also adjusted the requirements for Fruity Pebbles to be sold in Oklahoma as the Ten Commandments no longer have to be printed on the label and can now be the toy surprise inside. It’s gotta suck to be a kid in Oklahoma. I’d Sooner live in a blue state. See what I did there? Never mind.
Walters is upset about having to change the requirement and said, “The left-wing media hates Donald Trump so much, and they hate the Bible so much, they will lie and go to any means necessary to stop this initiative from happening.”
Hmmm….if it didn’t have anything to do with Donald Trump, then why are you bringing him up? Walters is having great difficulty in hiding that this was all about buying 55,000 Trump Bibles at $55.99 each.
But, you don’t have to hate Donald Trump or the Bible, which Trump has never read, to not want Bibles in public schools.
Instead of requiring that Bibles and the Ten Commandments be placed in schools, require that the Constitution be placed in schools. Or better yet, before you become the State Superintendent of schools, especially in a yee-haw state, there should be a requirement that you READ the Constitution…and take a test on it.
Ryan Walters would flunk on the First Amendment as it says, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Now, I know Walters is not Congress but I’m pretty sure the Constitution forbids any government from establishing a religion, which is what Walters is trying to do. He’s not trying to force the Koran or Torah in classrooms.
And by the way, is Walters requiring math and history books to be leather-bound or just the school’s Bibles? Maybe could they use that cheap “leather-like” material the $59.99 Trump Bibles come with.
Hey, shitweasels… When you guys pull this kind of crap, can you find a way to make it appear that it serves the betterment of society, the public, and the greater good instead of just serving Donald Trump and yourself? Hmmm?
Music note: I jammed to Verbena while coloring. (snip)
A 1647 witch-finder pamphlet. Via Wikimedia Commons
The printing press – and a particular manual it printed – played a big role in early modern witch trials, according to a fascinating new study.
Between 1450 and 1750, some 90,000 people were put on trial for being witches across Europe. About 45,000 of these people were executed.
Reasons for the fervour of this “witch craze” are murky. People had believed in witches for centuries, but brutal witch-hunts weren’t nearly as common until the 15th Century.
A study published in Theory and Society uses data on witch trials and witch-hunting publications to suggest that manuals may have been a big contributor.
In particular, they believe the Malleus maleficarum, which was first published in 1487, could explain a lot of the uptick – alongside trials in neighbouring cities.
Frontpiece for a 1576 edition of the Malleus maleficarum. Via Wikimedia Commons
“Cities weren’t making these decisions in isolation,” says lead author Dr Kerice Doten-Snitker, a postdoctoral fellow at the Santa Fe Institute, USA.
“They were watching what their neighbours were doing and learning from those examples. The combination of new ideas from books and the influence of nearby trials created the perfect conditions for these persecutions to spread.”
The researchers tracked the “ideational diffusion” – the spread of an idea, and behaviours linked to it – of witchcraft by looking at trial data and publication data from 553 cities in Central Europe.
They looked specifically for the publication of witch-hunting manuals, like the Malleus maleficarum.
This book contained a detailed explanation of “demonology” – the theory of witchcraft – as well as practical advice on finding and convicting witches.
“At the time of its appearance, there was only a shaky consensus among learned authorities on the crucial questions of who witches were, what they did, and why they had supernatural powers,” write the researchers in their paper.
“The willingness of [author Heinrich] Kramer to expound confidently on these questions is part of what made Malleus so influential.”
Each new edition of the Malleus maleficarum was linked to an increase in witch trials in the city where it was printed.
“The printing press did not cause the inception of the elaborated theory of witchcraft, but our results show that it fostered its spread,” write the researchers.
The team believes this ideational diffusion can be seen in many other areas.
“The process of adopting witch trials is not unlike how modern governments adopt new policies today,” says Doten-Snitker.
“It often starts with a change in ideas, which are reinforced through social networks. Over time, these ideas take root and change the behaviour of entire societies.”
October 12, 1492 Natives of islands off the Atlantic shore of North America came upon Italian explorer Christopher Columbus, who was searching for a water route to India for Spanish Queen Isabella.
October 12, 1945 Pfc. Desmond Doss became the first conscientious objector ever to be awarded the Congressional Medal of Honor. Doss, a Seventh Day Adventist, enlisted in 1942 but refused to carry a rifle or train on Saturdays. On the island of Okinawa, under heavy Japanese fire, he saved the lives of 75 sick and wounded soldiers by lowering them, one by one, down a 400-foot cliff. The guest house at Walter Reed Army Medical Center is Doss Memorial Hall in his honor. Read more (includes movie trailer)
October 12, 1958 A Reform Jewish Temple in Atlanta (the city’s oldest) was firebombed with fifty sticks of dynamite in retaliation for Jewish support of local black civil rights activists. The Temple’s Rabbi, Jacob Rothschild, was outspoken in his support of civil rights and integration, and was a friend of Reverend Martin Luther King, Jr. before he became well known nationally. From Georgia PBS
October 12, 1967 British zoologist Desmond Morris stunned the world with his book, “The Naked Ape,” a frank study of human behavior from a zoologist’s perspective. Morris had earlier studied the artistic abilities of apes and was appointed Curator of Mammals at the London Zoo. Read more
October 12, 1967 “A Call to Resist Illegitimate Authority” appeared in The Nation and the New York Review of Books. 20,000 signed it, including academics, clergymen, writers. It urged “that every free man has a legal right and a moral duty to exert every effort to end this war [Vietnam], to avoid collusion with it, and to encourage others to do the same.” This document became the main basis for the federal government’s criminal prosecution (for encouraging draft evasion) of five of the signers: Dr. Benjamin Spock, Marcus Raskin, Mitchell Goodman, Michael Ferber, and the Reverend William Sloane Coffin. Read the Call
October 12, 1970 Lt. William Calley was court-martialled for the massacre of 102 civilians in the Vietnamese village of My Lai; far more actually died during the incident. The full sad story
Lt. Calley
October 12, 1977 “Regents of the University of California v. Bakke” was argued in front of the U.S. Supreme Court. The question: Did the University of California violate the Fourteenth Amendment’s equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke’s application for admission to its medical school? Read more
Trump has a long history of endorsing police violence, having said that police reaction to the racial unrest in response to the murder of George Floyd in 2020 “was a beautiful thing to watch.”
The Purge is a revenge horror franchise.
The only thing Trump’s speech has in common with it is he’s talking about a temporary spasm of widespread violence.
That is NOT what this is. This is STATE-sponsored terrorism against a targeted group. This is 1938 in Nazi Germany. https://t.co/49S7Hkwe8A
— Jim Stewartson, Counterinsurgent 🇺🇸🇺🇦💙🎈 (@jimstewartson) September 29, 2024
The former president, who risks jail time and more criminal trials if he loses, has expanded his range of baseless attacks on U.S. voting procedures in recent weeks and months. Trump falsely claimed Monday that Democrats are exploiting an overseas ballot program for expats and military members in order to circumvent “any citizenship check or verification of identity.”
Look at the projection in the next story. Look the only end might be the clawing back some of the taxes owned to the public treasury from the wealthy people who constantly want more and more public funds only for themselves. The only loss will be a white majority nation, and Elon Musk is a full out South African racist bigot. Full out racist bigot. He is not worried about voting, he is a white man. He is worried brown / black people will get to vote. He and tRump talk bad about Haitians and immigrants while hiring them on the cheap. Hugs. Scottie
Trump: Crooked Joe Biden became mentally impaired. But lying Kamala Harris, honestly, I believe she was born that way. There’s something wrong and I don’t know what it is but there is something missing pic.twitter.com/RP5TaHMVhQ
These maga gang thugs think they can get away with anything and that they don’t have to obey any laws or rules. Hate rules their lives. It may have been this guy who said he wrote the bill because he couldn’t stand that kids were coming out at school and being accepted by other students instead of targeted for abuse. He wants LGBTQ+ kids to be scared to be themselves and to stay in the closet hiding from them straight cis bullies. Hugs. Scottie
Fine was in court due to a lawsuit involving a Brevard County election official. As I’ve said here before, he is probably the most obnoxious of all Florida lawmakers, which is really saying something.
He last appeared here when DeSantis vetoed funding for a “woke zoo” because it wouldn’t host a fundraiser for Fine.
Fine also appeared on JMG in May 2022 when he tweeted what many interpreted as a threat to assassinate President Biden. That tweet remains online.
Before that, Fine appeared on JMG when he called for felony charges after Florida Democrats staged a sit-in over the racist US House map submitted by DeSantis.
And before that, he appeared here when he threatened to defund a Florida Special Olympics event and called a local school board member a “whore” because she’d been invited its fundraiser gala and he was not.
Fine was a sponsor of the bill that stripped Disney’s self-governing status. His family owns annual passes to the “woke” theme park giant.
In 2022, he arranged for a Florida town to honor a war criminal who was convicted of executing four Iraqi prisoners. In April 2023 he declared, “Damn right, we ought to erase” LGBTQs.
Fine is also a sponsor of Florida’s bill criminalizing drag shows in view of minors. Of note, his wife runs a self-described “sultry” burlesque show that would violate her husband’s law.
ALEC member and Israel proxy Rep. Randy Fine (R-FL) was "caught on camera appearing to give the middle finger and making other gestures during an Aug. 19 virtual court hearing." Fine and his attorney will attend a contempt of court hearing today.https://t.co/6CSOoF56Fm
A Michigan man, 61, was arrested after assaulting a postal carrier who delivered a flyer featuring Kamala Harris. He told the postal carrier that he didn’t want that "Black b****" in his mailbox and then threatened her with violence. https://t.co/DIlREaWx3b
The Straight Pride Flag looks like it’s the cover of MEN ARE FROM MARS, WOMEN ARE FROM VENUS if it was written by the Hamburglar. pic.twitter.com/k69ANfFc1y
Hit the link for other already known examples of Trump withholding federal relief from blue states. Earlier this week Trump posted that Biden was withholding relief from “Republican areas” in North Carolina.
You can’t only help those in need if they voted for you.
It’s the most basic part of being president, and this guy knows nothing about it. https://t.co/FuPHwtlZuu
Upon the advice of right-wing Christian Independence Law Center, South Western's far-right school board is cutting windows so passersby can look into the so-called “gender-identity” student bathrooms. "A new Level of Weird," writes @YorkDispatch. READ: https://t.co/KxuSQAaZojpic.twitter.com/usSfxhl451
I bet the next election will be well attended and these people will lose their seats and new progressive inclusive people will win. That is what has happened all over when the right bigots and haters snuck into school board seats, they go too far trying to erase the LGBTQ+ kids / people from existence, then they get kicked out. Sadly by then the damage is done. What they hell do they want people perving on kids in the bathrooms for? To make the kids scared to use them and to make sure the weird kids are not doing weird gay stuff in them, right? Hugs. Scottie.
By the way. We have a hurricane headed right at us. It will be here Wednesday at around noon, but we have three days of wind and rain beforehand. It will hit at a class three. It is projected to hit just above us but could hit us directly. We will be spending the next few days getting as much done as possible, stocking in cat food Ron forgot and getting more gas and propane for the generator. It is unlikely that pole of ours will survive another storm as it is already leaning hard. Repair crews are already stretched thin in other areas so won’t be able to come rescue us in our time of need. Going to be a very long few months. Hugs. Scottie
YORK DISPATCH EDITORIAL BOARD
York Dispatch
At the risk of stating the obvious, South Western’s elected school board is making some strange decisions.
For the last two years, they’ve fixated on which bathrooms LGBTQ+ kids use. In 2023, officials in this Hanover-area district played musical chairs with school bathrooms in a misguided attempt to appease the loudest bigots among them — ending up with five different types of bathrooms.
After a low-turnout school board election in which several far-right members joined their ranks, they hired a Christian law firm, decided to begin banning books and reopened the bathroom issue. Board President Matthew Gelazela, who was elevated to his post after previously serving as the board’s most vocal bomb-thrower, pointed to Red Lion’s discriminatory policiesas something to aspire to.
These adults want to make it easier for other people to watch your children while they’re in the bathroom. It’s absolutely mind-boggling.
Gelazela, who’s steadfastly refused to explain the logic here, said in a public meeting that the windows help “[add] privacy in the toilet facility” and that they “increase oversight of the wash area.”
There’s a reason public restrooms tend not to have windows — or, if they do, they have frosted glass.
No one wants to be spied on when they’re relieving themselves.
The parents who spoke to The York Dispatch about the latest bathroom renovations said their children no longer feel comfortable using these bathrooms. One of the parents went to the principal and asked for an exemption to allow her son to use a different bathroom further away from class.
Her 13-year-old doesn’t want to be spied on while he’s in the bathroom.
And we don’t blame him.
It’s creepy and weird.
And let’s not ignore the bigger picture: This is happening at a time when this and other York County school boards are pushing policies that would restrict what books students read, what sports teams they compete on and even which pronouns they use.
All of this is part of an attempt to erase LGBTQ+ people.
Cutting a window into these bathrooms is an intimidation tactic designed to make sure students who use the so-called “gender-identity” facilities — and, let’s be honest, any student who doesn’t fit neatly into the worldview of the school board’s far-right majority — know they’re being watched, controlled and judged.
In their quest to punish LGBTQ+ kids, however, the misguided “adults” on this South Western School Board are doing the things they accuse others of doing.
This is an invasion of privacy and a waste of taxpayer dollars.
A federal judge on Thursday dismissed a lawsuit from a Denver Public Schools parent who sought to force the district to honor his request to display “straight pride” flags in his children’s classrooms.
Nathan Feldman brought suit on behalf of himself and his two children, alleging discrimination and a violation of the First Amendment stemming from DPS declining to add a straight pride flag in his children’s classrooms alongside displays of LGBTQ pride flags.
In a June 26 order, U.S. District Court Judge Regina M. Rodriguez determined the pride flags amounted to the government’s own speech, which the First Amendment does not regulate. Therefore, a decision by DPS not to display a flag did not violate Feldman’s rights.
“DPS policy reflects careful consideration about what views can be expressed and that any expressions must reflect DPS’s policy of equality and inclusion. Accordingly, the Court finds that DPS has maintained control over the flag displays,” wrote Rodriguez, an appointee of President Joe Biden.
Feldman filed suit after school administrators allegedly allowed “non-binary and non-cisgender students to have flags displayed that represent their genders but not allowing Plaintiffs to have flags displayed that represent their genders.” He asked for damages of at least $3 million and for an order allowing him to display the straight pride flag.
A “straight pride” flag. Source: Feldman et al. v. Denver Public Schools et al.
DPS, in moving to dismiss the lawsuit, noted Feldman’s allegations were contradictory, as he simultaneously asserted “each” classroom at Slavens School had a pride flag and that “not all teachers displayed these flags.” Nonetheless, the district argued the display of flags constituted government speech, as DPS policy endorsed the use of LGBTQ pride flags as “symbols consistent with the District’s equity-based curriculum.”
“Plaintiffs assert that passing a resolution recognizing LGBTQIA+ students or staff without providing equal recognition to those who don’t so identify is an actionable distinction. Not so,” wrote the district’s attorneys.
Feldman responded that individual teachers at his children’s school made the decision to display pride flags. Therefore, DPS was not in control of the displays and they did not constitute the government’s own speech.
In August, U.S. Magistrate Judge Scott T. Varholak recommended that Feldman’s claims be dismissed. He cited a 2022 U.S. Supreme Court decision involving Boston’s practice of allowing private entities to fly flags outside city hall. The court did not find such circumstances amounted to speech by the government.
However, wrote then-Justice Stephen G. Breyer, “when the government speaks for itself, the First Amendment does not demand airtime for all views.”
“Here, DPS selected the Pride Flag, and not Plaintiffs’ Flag, as representing the message that DPS wished to convey,” Varholak wrote in deeming the flag displays governmental expression. “Conversely, there is no allegation that DPS had a history of accepting for display other flags submitted by the public.”
In this 2018 file photo, a supporters of the LGBTQ community fly a Pride flag in the Colorado Springs PrideFest Parade.
(Jerilee Bennett/The Gazette, File)
As for Feldman’s sex discrimination and equal protection claims, Varholak noted that unless there are allegations of unequal treatment, there is no legal claim based on the absence of a flag representing cisgender, heterosexual students.
“Plaintiffs plainly disagree with DPS’s selected messaging, and phrase this disagreement in constitutional terms,” he concluded, “but ultimately fail to allege any injury except exposure to a flag that they do not feel represented by.”
Feldman objected to portions of Varholak’s analysis, but Rodriguez, the district judge, concluded Feldman was either raising new arguments for the first time or had failed to show why Varholak was mistaken.
To the claim that displaying a flag is discriminatory when it repesents a different group’s sexual orientation or gender identity, “Plaintiffs offer no legal support for their argument,” she wrote, “and the Court finds none.”
Attorneys for both parties did not immediately respond to a request for comment.
The case is Feldman et al. v. Denver Public Schools et al.
Scottie's Playtime 