Florida bill bans girls from talking about menstruation
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  Florida bill bans girls from talking about menstruation
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Author Topic: Florida bill bans girls from talking about menstruation  (Read 876 times)
Okay, maybe Mike Johnson is a competent parliamentarian.
Nathan
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« Reply #25 on: March 23, 2023, 12:50:37 AM »

A small price to pay to stop woke.
I wonder if this nonsense would actually hold up in court.

I doubt it. "Woke" is manufactured thing, a hot button in society right now. I doubt it would hold up in a court of law. If it did it would make a mockery of our laws.
What would the most likely grounds under which it would be rendered inoperative?

I don't know. What do you think?
There are people who would be better qualified to answer this.
I've PMed Nathan to answer this one.

I have a sinking feeling that this one might fall under "immoral but not unconstitutional" (and don't get me wrong, it is immoral, way more straightforwardly and irrefutably inexcusable than plenty of higher-profile culture war stuff around sex and gender), but I think a court could still strike it down on First Amendment grounds depending on the level of scrutiny applied. Free speech rights are limited for schoolchildren, but not nonexistent.

There could also be an equal protection argument to be made, since people would be getting punished for discussing something only one sex's bodies do, but I'm less confident of that one depending on how exactly this bill is written.
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President Punxsutawney Phil
TimTurner
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« Reply #26 on: March 23, 2023, 01:31:43 AM »

A small price to pay to stop woke.
I wonder if this nonsense would actually hold up in court.

I doubt it. "Woke" is manufactured thing, a hot button in society right now. I doubt it would hold up in a court of law. If it did it would make a mockery of our laws.
What would the most likely grounds under which it would be rendered inoperative?

I don't know. What do you think?
There are people who would be better qualified to answer this.
I've PMed Nathan to answer this one.

I have a sinking feeling that this one might fall under "immoral but not unconstitutional" (and don't get me wrong, it is immoral, way more straightforwardly and irrefutably inexcusable than plenty of higher-profile culture war stuff around sex and gender), but I think a court could still strike it down on First Amendment grounds depending on the level of scrutiny applied. Free speech rights are limited for schoolchildren, but not nonexistent.

There could also be an equal protection argument to be made, since people would be getting punished for discussing something only one sex's bodies do, but I'm less confident of that one depending on how exactly this bill is written.
Ah. Thanks for the thorough reply. You did not disappoint.
IIRC, wasn't there a SCOTUS ruling sometime in the 20th century involving a school newspaper that could be relevant here?
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