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education and schooling First Amendment rights

XX Marks the Offense

Educators, used to tyrannizing the young, are too often tempted to turn their powerlust to their charges’ parents. Yesterday, I discussed Michigan educators keeping their curriculum secret from members of their community. Today we turn to the way officials at Bow High School in New Hampshire have treated Kyle Fellers, Anthony Foote, Nicole Foote, and Eldon Rash. 

These parents and a grandparent attended a girls’ soccer game while non-​disruptively wearing wristbands labeled XX to protest a policy allowing a boy to play on the opposing team. The “XX” refers to the sex chromosomes of females.

Because Fellers, Foote, Foote, and Rash wore the wrong apparel, school officials and a police officer told them to remove the wristbands or leave. When they refused, the school scolders threatened them with arrest for “trespassing.”

For attending a game where their kids were playing?

The school later banned two of the wristband-​wearers from school grounds and events, among other things making it harder for them to pick up their kids after a game.

“The idea that I would be censored and threatened with removal from a public event for standing by my convictions is not just a personal affront — it is an infringement of the very rights I swore to defend,” says Andy Foote, who has a long career in the Army under his belt.

Now, with the help of the Institute for Free Speech, the renegade wristband-​wearers are suing the school in hopes that it will, on First Amendment grounds, be enjoined from restricting “nondisruptive expression of political or social views at extracurricular events.…”

This is Common Sense. I’m Paul Jacob.


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education and schooling government transparency

The Secret Teachings of Our Age

The high school course was not “Logic and Semiotics in Western Culture” — or “Eastern.” It was not “Memes for Momes.” Or even “Cartoons from Cave Walls to Bathroom Stalls.”

It was “A History of Ethnic and Gender Studies.”

Do we dare ask what’s in it?

Doesn’t matter. Because we’re not allowed to see what’s in it.

“Michigan parents can’t request some school curricula under public record acts after the Michigan Supreme Court chose not to hear an appeal from a lower court,” explains the Michigan Capitol Confidential.

“On Sept. 25, the state’s top court denied an appeal filed by the Mackinac Center for Public Policy on behalf of a Rochester parent who requested the curriculum for a class held in the Rochester Public Schools district.” Using the “the state’s Freedom of Information Act, Carol Beth Litkouhi in 2022 sought course materials” for the class mentioned above. “Rochester Public Schools refused. The district argued that the law did not require it to provide records held by teachers.”

And so far — and barring a revision of state law — the public schools have won. 

Not a happy story, but even more than bad news for Michigan parents and (by extension) their children (the students in public schools), it demonstrates a mindset we’ve encountered before, and not confined to one school district or one state.

According to educators in public service, they have a right to teach your kids and not tell you what they are doing.

They are committed to doing this.

They are indoctrinators and not on your side.

They must be stopped. Politically. 

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights general freedom

Harvard, Hamas and Harassment

Let’s assume that most Harvard University officials harbor no special animus against Jews.

Let’s also assume that the school’s willingness to ignore its own policies while Jewish students were the focus last year of what Judge Richard Stearn agrees was “‘severe, pervasive, and objectively offensive’… harassment” by Hamas supporters was motivated, rather, only by lack of courage.

Giving them the benefit of the doubt, let’s say that Harvard officials were motivated only by craven unwillingness to go against one of the latest left-​wing ideological fads, that of letting anti-​Israel agitators run wild.

But a policy that protects students from harassment and assault only when this is easy or fashionable to do — while insisting on “freedom of speech” for persons pushing past obnoxious speech into criminal assault and battery — is not much of a policy.

Stearns’s ruling is not a binding decision on the merits of the plaintiffs’ lawsuit. He simply allowed it to proceed.

His refusal to dismiss means that he finds the plaintiffs’ argument plausible — the argument that Harvard has violated its contractual obligations by observing what pro-​Hamas students were doing to other students with supreme institutional indifference.

Indeed, he finds that the protests “were, at times, confrontational and physically violent, and plaintiffs legitimately fear their repetition. The harassment also impacted plaintiffs’ life experience at Harvard; they dreaded walking through the campus, missed classes, and stopped participating in extracurricular events.”

Peaceful protest ends when riot, assault, and intimidation begin. Institutions of both law and higher learning should always make that dividing line as clear as possible.

This is Common Sense. I’m Paul Jacob.


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education and schooling First Amendment rights

The Racial Land Mine of First Grade

You can’t let kids get away with anything.

Schools must apply some discipline. Otherwise, chaos would ensue. Talking out of turn, pulling pigtails, passing notes … and, not least, an epidemic of expressing benign thoughts inconsistent with the poisonous race-​conscious ideology that some schools seek to inculcate.

In March 2021, a little girl known as “B.B.” in court documents got into trouble for drawing a group of classmates of different races. She added the words “Black Lives Matter” and, below that, “any life.” She gave the drawing to a black classmate to try to comfort him, as she later explained.

Had B.B. been more attuned to the racial controversies of the day — does she not follow The New York Times and CNN? — she might have realized what treacherous waters she had dived into. 

As it was, she was surprised when the school forced her to apologize to her classmate and forbade her from drawing any more pictures while in school and from attending recess for two weeks.

The parents sued. A district court ruled in favor of the school, but the parents, helped by Pacific Legal Foundation, are appealing.

The district judge says that whether First Amendment protections of free speech apply here depends on whether such speech, however innocent, would “significantly interfere with the discipline needed for the school to function.”

The drawing could hardly have thus interfered unless part of the school’s “function” is to impose race-​conscious orthodoxy. 

And suppress even the slightest peep of unwary dissent.

This is Common Sense. I’m Paul Jacob.


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education and schooling general freedom too much government

The State vs. Homework

Oy, the stress. Of doing stuff. It’s nonstop.

If a California lawmaker gets her way, it will stop, though, at least in the schools. Or at least slow way down.

Consider the pressure, the horrible grinding pressure of having to practice math problems, peer at chemical formulas, read assigned readings, summarize, spell, grammarize, memorize names and dates and Spanish vocabulary, and on and on and on … en casa.…

It’s the kind of thing that can curdle a kid’s physical and mental health. Not to mention cut into playtime.

So is the legislation AB2999 justified?

Is Assemblywoman Pilar Schiavo warranted in hoping to require school boards to ponder the “reasonable amount of time spent on homework per student that should not be exceeded” or whether “homework should be assigned … in any elementary school grade, inclusive” or perhaps that homework be “optional and not graded,” et cetera?

Well, if we think about this, we must admit that there is one and only one reason to ever require students to spend time at home mastering what is introduced in class. Only to prepare them for earning a living and living life by helping them obtain knowledge and skills and realize their potential.

But that’s it. That’s the only reason.

Of course, individual teachers, if competent and conscientious, already think about what homework is appropriate to assign. They must, we hope, want their students to function capably in life. And maybe also to learn that learning is not torture.

This is Common Sense. I’m Paul Jacob.


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education and schooling national politics & policies tax policy

Trump to Ax Tip Tax

When Biden panders to his lower-​income supporters, he targets zeroing out their student debt and regulating credit card companies with further restrictions on their ability to charge for overdrafts and the like.

When Trump panders to his lower-​income supporters, he promises to exempt tips from income taxation, as he did recently in Las Vegas.

This may be the most obvious difference between left- and right-​styles in politicking to the masses, good-ol’-fashioned vote-​buying or its twin: leftists forgive debts and add regulations, rightists reduce taxes.

Like me, you may, at first blanch, prefer the latter form of pandering, but Eric Boehm, at Reason, offers some reasons not to look so kindly on Trump’s pandering. First, and most obviously: “Reducing revenue without identifying offsetting spending cuts means Trump is merely promising to borrow more heavily.”

A bigger challenge comes later: “On the surface, that sounds great. But there’s already one likely unintended consequence: A lot more income will suddenly be reported as tips. Any time a government gives preferential tax treatment to one type of economic activity, you tend to get a lot more of that type of economic activity. Does that mean we’ll have an entirely tip-​based economy?” The answer is a likely No.

Oddly, Mr. Boehm doesn’t address one obvious element: Tips aren’t wages and they aren’t profits. Tips are gifts. They aren’t determined by employers and they aren’t specified by employees. And gifts aren’t taxed as income like other income is.

So letting people who accept tips in the course of their labors not pay taxes on them is really, really hard to object to.

In fact, I don’t object.

This is Common Sense. I’m Paul Jacob.


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