Teacher Can Proceed With First Amendment Lawsuit Over Threatened Punishment for Wearing MAGA Hat to Training

A defendant had argued that she could allow Black Lives Matters posters but forbid MAGA hats on the theory that, "While the Black Lives Matter poster is a symbol of cultural acceptance and inclusivity ... Mr. Dodge's MAGA hat is a symbol commonly associated with white supremacy and other anti-immigrant sentiments." No, says a Ninth Circuit panel.

|The Volokh Conspiracy |

Ninth Circuit Judge Urges Supreme Court "Not to Give Any First Amendment Protection for Racist Hate Speech"

“[G]overnment officials ... should not be unduly constrained in their attempts to regulate hate speech for the purpose of protecting the intended targets of said speech. This may require some refining of the Supreme Court’s prior guidance in its precedents.... For example, the Court could consider modifying the Brandenburg test to require only a probable and emerging threat of violence rather than imminent lawless action as a result of speech in order to regulate it.”

|The Volokh Conspiracy |