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Reason
Reason
Politics
Eugene Volokh

Teacher's First Amendment Claim Related to Sharing "What Is Privilege?" Post Can Go Forward

An excerpt from Magistrate Judge Patricia Dodge's long Report and Recommendation last week in Deltondo v. School Dist. of Pittsburgh (W.D. Pa.):

During 2020-2021, Deltondo was a Kindergarten teacher at Banksville Elementary School in the District…. On August 9, 2020, Deltondo shared on her personal Facebook and Instagram accounts a post originated by another person. The original post (the "Privilege Post") stated as follows:

What is Privilege? …

Privilege is wearing $200 sneakers when you've never had a job. Privilege is wearing $300 Beats headphones while living on public assistance.

Privilege is having a Smartphone with a Data plan which you receive no bill for. Privilege is living in public subsidized housing where you don't have a water bill, where rising property taxes and rents and energy costs have absolutely no effect on the amount of food you can put on your table.

Privilege is the ability to go march against, and protest against anything that triggers you, without worrying about calling out of work and the consequences that accompany such behavior.

Privilege is having as many children as you want, regardless of your employment status, and be able to send them off to daycare or school you don't pay for.

Privilege is sending your kids to school early for the before-school programs and breakfast, and then keeping them there for the afterschool program … paid for by the people who DO HAVE TO DEAL WITH RISING TAXES AND COSTS!

…you know, us so-called 'PRIVILEGED' the ones who pay while you TAKE TAKE TAKE!"

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