February 26, 2025
The American Federation of Teachers and the American Scatological, er, Sociological Association are suing the Depatment of Education over a letter it sent to school districts threatening to withhold funding if they continued to promote DEI. Their argument? It violates the First Amendment (the right to free speech) and the fifty (the right to not self-incriminate and to due process). Only a leftist would try to use these in so creative a fashion.
The stronger case is the First Amendment, which states Congress shall make no law "abridging the freedom of speech". But nobody is abridging anyone's freedom of speech - just saying they won't be paid by taxpayers to promote a radical ideology. These teachers are free to talk about DEI all they want on their own time. But they are employees of the schools where they teach, and as employees they cannot teach what they please. That has always been the case.
If they can teach DEI why can't a Christian teacher teach religion in their classes? They can't and the Left would melt down if they tried, but it's fine for them to teach THEIR religion in schools. Then it's suddently a matter of free speech.
There are all sorts of abridgements of free speech in education. You can't teach the Earth is flat. You can't teach kids that the Nazis were the good guys and racism was a wonderful thing. You can't teach kids to snort cocaine. You can't teach kids to break the law.
And you cannot demand taxpayer money for promoting your own views; there are standards and if you break those standards you should expect to lose your job. These folks are telling us they intend to do as they please and we have to pay them to insult us.
The argument based on the Fifth Amendment is utterly laughable; how is this "incriminating themselves"? I suppose their argument is this is a violation of due process, but it's not; it's not a legal matter at all, but an amployment matter. Nobody is being charged with a crime - just not being funded for violating a policy set down by the DOE.
Was it a due process crime when Ronald Reagan fired PATCO? Was it a due process violation when Clinton fired the U.S. attnorneys, or when he sacked the travel office? Was due process violaed when Barack Hussein Obama fired the military top brass? What about all these other firings of Federal workers by Obama? No because he had every right to fire government employees. This isn't even about firing, just not giving funds to insurrectionist educrats.
The sad thing is they no doubt chose the court they will appeal to carefully and will probably win the first round or two. That's how the Left rolls. And the courts are still utterly corrupted.
The litigants claim the policy is over-broad and vague, but how is that so? We know exactly what DEI entails and what they are promoting. Schools are not forums for radicalization and if that is what they want to be they can stop taking public funding.
Craig Trainor, acting head of civil rights in the DOE, defined it simply enough:
Now how hard was that?
The plaintiffs argued the letter "radically upends and re-writes otherwise well-established jurisprudence,” yet cites no specific examples. I can think of a few well-established jurisprudences DEI upends - like Title VI of the Civil Rigth Act of 1964. That states:
What is so hard for these dopes to understand? All that the acting director is doing is enforcing this provision of the law.
The radical Left is furious because they use these laws to their advantage and don't like having to obey them when they are not so advantageous.
Hopefully the DOE will win in the trial but probably not. Not only is common sense gone but so is fairness and the Rule of Law.
Posted by: Timothy Birdnow at
01:17 PM
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Posted by: SMM Heart at February 27, 2025 03:43 AM (GcVx+)
Posted by: Sarah White at February 27, 2025 02:34 PM (ittVa)
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