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Opening Arguments
"Don't Say Gay" Bills Must Violate the 1st Amendment... Right? RIGHT?!
Jul 15, 2024
01:04:19
Snipd AI
Law professor Caroline Mala Corbin discusses the constitutional implications of 'Don't Say Gay' laws. Topics include government speech doctrine, free speech challenges for teachers, limitations on classroom discussions, and the complexities of applying legal principles in cases involving LGBTQ+ content.
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Quick takeaways
- Challenging 'don't say gay' laws for violating the First Amendment involves dissecting various angles, like vagueness issues.
- Government Speech Doctrine fails to account for scenarios with mixed private and governmental speech, complicating free speech protection.
Deep dives
Curriculum Bans and Free Speech
Curriculum bans, specifically the 'don't say gay' laws, were thought to violate the First Amendment, but new research suggests a more complex situation. The laws, which restrict discussion on sexual orientation and gender identity in schools, were challenged for infringing on free speech. While some argue these bans violate the First Amendment, courts look at them from various angles, such as vagueness issues. Teachers and students play different roles concerning free speech challenges, with students potentially having more leeway to challenge these bans.
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Discover
highlights
Listen to the best highlights from the podcasts you love and dive into the full episode