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Reason
Reason
Politics
Eugene Volokh

Public School May Hang "Black Lives Matter" Posters Without Displaying Other Viewpoints

From yesterday's decision in Cajune v. Indep. School Dist. 194, by Judge Jerry Blackwell (D. Minn.):

Following George Floyd's murder in May 2020, school administrators, staff, and teachers joined much of the country in finding ways to support their students, including Black students. For its part in those efforts, in April 2021, the school board for the Lakeville, Minnesota public school district vetted and authorized a multicultural poster series that included two posters with the phrase "Black Lives Matter."

Not everyone supported the decision. Believing the posters carried political messages, some parents and students objected to hanging "Black Lives Matter" posters without also displaying posters offering various other viewpoints. After the school board denied those requests, the objectors challenged the school board's action by filing this lawsuit, claiming First Amendment violations…. Because display of the posters constitutes government speech not subject to First Amendment challenge, the school board's motion is granted, and Plaintiffs' lawsuit is dismissed with prejudice.

I think that's correct: A school is entitled to decide what messages it wants to spread—whether about science, history, morality, or anything else—without having to spread contrary messages. (There's a narrow exception as to religious messages by a public school, because of the Establishment Clause, and some opinions have suggested that there might be an exception as to outright partisan election-related speech, e.g., "Vote Democrat," but these are indeed narrow exceptions to the general rule.)

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