NY AG Warns School Boards Not to Allow Public to Question Boys Playing Against Girls

Liberals claim that Trump represents a threat to free speech.

Meanwhile, New York Attorney General Letitia James, during her sordid career, targeted the NRA, Vdare an anti-immigration group, Betar, a pro-Israel organization, and now local school boards.

Legal Insurrection has the story.

Attorney General Letitia James and Education Commissioner Betty A. Rosa issued a “Joint Guidance on Harassment and Bullying at School Board Meetings.”

The vaguely worded “Guidance Letter” warned school boards statewide that “misgendering” students—using pronouns based on biological sex—or publicly supporting sex-segregated sports and facilities could lead to board members’ removal from office.

The letter doesn’t just threaten board members directly, it warns against even allowing any questioning of transgender policies by members of the public.

Board members who permit the harassment of LGBTQ+ students may expose their school districts to liability under New York law.

Under the First Amendment, school board meetings are considered limited public fora. This means that school boards that allow public comment “may make reasonable, viewpoint-neutral rules governing the content of speech allowed,” including prohibiting all comments on a particular topic that would have discriminatory, harassing, or bullying effects.

School boards in New York should be mindful that their “meetings are an inappropriate venue to air personal or political grievances.” Members of the public can ask local school boards questions about a wide range of issues. But purely ideological statements opposing students’ rights under New York law are an unproductive diversion from boards’ important work. Such statements can harm children, who unwillingly find themselves held up to public scrutiny and recrimination by members of their school community.

SED and OAG caution New York school boards against exposing students to these harms. For example, school boards should not entertain baseless allegations that transgender students’ identities and experiences are illegitimate, or that their mere presence in school spaces and participation in school activities is harmful to other students. Nor should boards allow individuals to intentionally misgender district student

…boards of education that permit harassing and stigmatizing comments about LGBTQ students in public meetings may expose districts to liability under this law

Yes, this is a legal letter from the top prosecutor in New York warning school boards that they will be liable for civil rights violations if anyone at a public meeting questions the idea of men playing sports against women.

The First Amendment is functionally a dead letter in New York until either AG James is sent to jail or the Supreme Court intervenes. We’re watching the total destruction of freedom of expression in this country in real time by the very same people who are screaming that Trump is trampling ‘democratic norms’.

You can imagine their reaction if a red state AG had sent out a letter warning not to allow members of the public to comment at school board meetings about DEI. But the same people freaking out because Stephen Colbert couldn’t air an interview with a senate primary candidate think that this tyranny is the right side of history.