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Joined 2 years ago
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Cake day: June 13th, 2023

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  • Yes, private organizations can set their own rules. That doesn’t change the basis of this ruling.

    If a private club league had their own rules that said (among other things) “We do not tolerate promoting views that exclude on the basis of sexual identity during league events,” then the league would be within its rights to remove anyone violating that rule. Absent that, free speech applies. Especially for wearing something as vague as a pink bracelet.

    Re: your example, there are many organizations that exclude on the basis of religion and sexual orientation. The Boy Scouts, for example, still require that members sign a Declaration of Religious Principle saying that they believe in some sort of higher power. This excludes atheists and agnostics. They also used to exclude homosexuals. The Supreme Court ruled in their favor back in the late 90s or early 00s that as a private organization they had the right to exclude whoever they wanted. They changed their stance on homosexuality voluntarily, but the SC ruling still applies. It is public institutions that cannot exclude, not private.

    As far as this ruling goes, it’s not about the message it’s about the target and the fact that it was at a school function.


  • Don’t misunderstand, people. The key here isn’t that it’s hate speech. All kinds of unpopular views are protected by the First Amendment. This is why you can still see Trump supporters waving Nazi flags in parades. If it was just because it was deemed hate speech, well then we should all be worried because Trump’s government is now saying that anyone who preaches hate against America is subject to deportation.

    The key is that it happened at a school event. The FA doesn’t apply to non-students at school events if students are the target of speech meant to harass or demean. If this had happened at a club soccer game as opposed to a school event they would have been protected.