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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA federal judge has declined to block the enforcement of a new state law barring the teaching of human sexuality to students from pre-K through the third grade.
U.S. District Judge J.P. Hanlon ruled late Friday that claims by Indianapolis Public Schools teacher Kayla Smiley that the law infringes on her First Amendment free speech rights and is too vague to be enforced were insufficient to justify a preliminary injunction blocking the law.
Hanlon said teachers do not have unlimited free speech rights in the classroom. Instead, as government employees, their speech is limited to subjects and messages approved by the Legislature, he wrote.
“Ms. Smiley cites no authority establishing that an elementary school teacher has the right to speak in her capacity as a private citizen when expressing an educational message to her students,” Hanlon wrote in his 15-page ruling. “Without a substantial effect on protected speech, Ms. Smiley is unlikely to succeed on her claim that (the law)—on its face—violates the First Amendment.”
Hanlon also ruled that while the law doesn’t define “human sexuality” or related terms, there is a sufficient core of understandable meaning to those phrases that prevents him from striking down the statute for being too vague.
Indiana schools typically don’t provide any kind of sex education until at least fifth grade except for state-mandated programs focused on preventing child abuse.
The lawsuit was brought by the American Civil Liberties Union of Indiana in June.
Republican lawmakers approved the law this year during a session that targeted LGBTQ+ people in the state. It took effect July 1 after Republican Gov. Eric Holcomb signed it into law in May.
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Kayla Smiley should be fired and not allowed to be around children
What’s DD stand for? Dumb D**k?
Why does this even need to be a law? It doesn’t seem that it’s being taught in the classroom to K-3 students, so what is the purpose? Seems like typical Republicans who try to make something out of nothing.
because the leftist democrat wackos want to be able to groom these kids. the proof is right there that someone would think it is a violation of free speech laws. something out of nothing?
As an add to what D.D. said, in addition to the way the lawsuit tried to “frame” the situation as a violation of first amendment rights, look at the way the Associated Press tried to “frame” it in the article, “Republican lawmakers approved the law this year during a session that targeted LGBTQ+ people in the state.” The law targeted what could be taught to kids in pre-K through 3rd grade, not individuals. Very similar to the “Don’t Say Gay Bill” as was reported in Florida except the word gay wasn’t written once in the 1200 pages of the bill. Nice journalistic “integrity” by the AP and the IBJ. (what a joke!)
Yup!