Reply to Why are book banners showing up at FCPS SB meetings

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Reply to "Why are book banners showing up at FCPS SB meetings"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]

Fortunately the federal courts have spoken clearly on this one. . .[/quote]

Not in the ways you say. Speech on broadcast TV is limited during prime time.  Freedom of expression isn’t absolute in government meetings. Etc. [/quote]

I don't want to belabor this, but a government entity cannot restrict the scope of permissible speech at a hearing simply by broadcasting the hearing on TV.  The speaker's First Amendment rights do not change simply because the hearing is broadcast.  (The other examples cited above re FCC fines are not relevant because none involved political speech or a public forum.)

You are correct that freedom of expression is not absolute at a government meeting.  But any restriction is subject to strict scrutiny.  A restriction against quoting from the text of a book that is apparently in FCPS school libraries would never survive strict scrutiny.  (Nor would an across-the-board ban on the use of certain language.  A ban on profanity may survive a facial challenge -- it's viewpoint neutral and there is arguably a compelling government interest, though that's far from certain -- but it would never survive an as-applied challenge in the circumstances being discussed.)

Here is the short of it -- the content of books in school libraries is unquestionably a relevant topic for discussion at a school board meeting (irrespective of whether one has a problem with the content or does not).  Quoting that content is also relevant to any discussion about the content.  A government entity cannot shut down that speech simply because it may offend other listeners, absent truly extraordinary circumstances (this is essentially the heckler's veto doctrine).[/quote]

Let’s see what the FCC says. I assume this mom got legal advice before doing this [/quote]

they'll possibly fine the tv station, but there is zero chance they will fine the speaker. [/quote]

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