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In lieu of the normal SCOTUS Mottezins... wake up, honey, the Culture War went to court again. Arguments for Mahmoud v. Taylor just dropped (PDF). A less oppressive SCOTUSblog write up here.
Obligatory disclaimer that I do not know anything. The gist of the case:
I know we have some skeptics of "woke" curriculum, so for a probably not unbiased overview of the material, BECKET, the religious freedom legal advocacy non-profit backing the plaintiffs, provides examples in an X thread. They also provide a dropbox link to some of the material in question. In one tweet they claim:
The Justices had read the books in question. Kavanaugh acknowledged Schoenfeld, representing Montgomery County, had "a tough case to argue".
The county asserted that mandatory exposure to material, like a teacher reading a book out loud, is not coercion (or a burden?) that violates a free exercise of religion. Sotomayor seemed to support this position. Schoenfeld, arguing for Montgomery County, said these books that are part of a curriculum that preach uncontroversial values like civility and inclusivity. Alito, skeptical, said Uncle Bobby's Wedding had a clear moral message beyond civility or inclusivity.
The liberal justices were interested in clarification on what Baxter, arguing for the parents, thought the limits were to. What limits are placed on parents with regards to religious opt-outs? Kagan was worried about the opening of the floodgates. Sotomayor drew a line to parental objection to 'biographical material about women who have been recognized for achievements outside of their home' and asked if the opt-out should extend to material on stuff like inter-faith marriage. Baxter didn't give well-defined lines, but said nah, we figured this out.
Sincerity of belief is one requirement for compelled opt-outs. The belief can't be "philosophical" or "political" it has to a sincere religious belief. Age was discussed as another consideration. Material that may offend religious belief to (the parents of?) a 16 year old does not apply the same sort of burden as it does to a 5 year old, because a 16 year old is more capable of being "merely exposed" rather than "indoctrinated". A word Eric Baxter, arguing for the parents, used several times and Justice Barrett used twice.
Eric Baxter also stabbed at the district's position that there was ever an administrative issue at all. Chief Justice Roberts agreed and seemed to question whether the school's actions were pretext. Baxter had one exchange (pg. 40-42 pdf) with Kavanaugh who, "mystified as a life-long resident of the county [as to] how it came to this", asked for background.
Baxter also pointed at ongoing opt-out polices in neighboring counties and different ones in Montgomery itself. He clarified the relevance of Wisconsin v. Yoder where it was found strict scrutiny should be applied to protect religious freedom. One example of an ongoing opt-out policy in Montgomery allowed parents to opt their children out of material that showed the prophet Mohammed.
Thots and Q's:
The eternal fight over what the state uses to fill children's minds in a land of compulsory attendance is main conflict, even if this legal question is one of what a compromise should look given religious freedoms.
It can do so in a few different ways and avoid a trip to SCOTUS. I support preaching civility and inclusivity to children. There are thousands children's books that preach these things without drag queens or bondage. In an ideal world, knowledge of and tolerance for queer people can also be taught without, what I would call, the excess. Schools can also program curriculum to account for opt-outs when it comes to touchy subjects.
Sex education can be crammed into 1 hour classes for a week of the year. This allows parents to opt-out without placing an unmanageable burden on the administration. A curriculum that requires teachers to read a number of controversial book at least 5 times each a year is a curriculum designed to, intentionally or not, make opt-outs onerous. In this case it was so onerous and so controversial that Montgomery was compelled to change the policy. Which is an administrative failure even if one doesn't believe it to be ideologically motivated.
I've seen it argued both ways. That outlets notoriously don't link cases or share case names, but in this case the plaintiffs -- a mixture of Muslim, Christian, Jewish parents -- the absence is notable. Were this an evangelical push we could expect some evangelical bashing.
It's a curious problem I think. I am against most of that stuff being taught in school but the whole "teach the controversy" thing must have some limits. What would my enemies do with this veto? I'm not so sure the opt out is the correct thing to demand, the battlefield should surely be the curriculum itself.
Yes, an opt-out liter just cedes the territory to the attackers, and you know they won't honour it the second they get the power. That's why my response was ignoring the sophistry at court and asking "how did we get to this point, and how do we stop it happening again?"
All the viable solutions are outside of the law and politics.
Edit: Awesome, I make a neutral post in line with the choices I've lived and personally spoken of repeatedly. But someone fedposts near it after the fact, so now I look sus and eat a ban. This place is a fucking joke. "Well, he didn't say it, but next to this thing someone else said later, maybe he's thinking it."
Oh, great.
I just gave Capital a slap on the wrist for his near-identical response. For consistency’s sake, you can have one, too.
What a joke
You've been asked to not do this in the most clear way possible.
Not any other critics of modding have been asked to stop. Just you, and just these kinds of dumb comments.
I am tempted to take your advice and give you a permaban:
After all these sorts of comments you make are obvious trolling.
Community sentiment is generally against perma-bans these days. 30-days for you
Um, no they're not. Trolling is deceptive posting in order to bait a response; Steve clearly does think that netstack's action was "a joke". I do not get "troll" vibes from him in general; he appears to be a sincere, very angry, very radical rightist.
Steve is a frequent flamer (i.e. someone who insults others). That is itself against the rules, but it's not the same thing as trolling.
Isn’t “baiting a response” the important bit? It’s the main reason I was ignoring Steve.
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This is a terrible ban and using his comment about the obvious troll poster troll posting and getting away with it because charity is endless to new posters who pretend not to know anything is ridiculous.
But the reason this is a terrible ban is because WhiningCoil's ban was a joke on several levels of both being bad and lazy and sets an assuming the worst kind of rule to the forum as a whole that I'm sure will go well.
But the bad moderating here seems to be here to stay if you can't just admit that you made a mistake and should actually be as charitable to the people you mod as they are supposed to be to you.
We've extended a great deal of charity to Steve. We've asked him to stop making these sorts of comments. He chose not to.
He has also been warned many times for antagonistic behavior, both on this account and the previous account. He was very close to earning a permanent ban with his previous account's behavior. We made a note to ourselves to not completely ignore his previous account's bad behavior, but we mostly did and proceeded to be lenient with him as if he was a newish user.
Other people's bad behavior, even if it is a mod's bad behavior, is not an excuse for bad behavior.
If we specifically ask any user not to do a specific thing. We mean it and we will take note of it. If Netstack had broken every rule we have and gotten de-modded for his comment I still would have banned Steve for his comment. This is a 'fuck around and find out" moment. We literally only have two punishments in our toolbox, the first is asking people to stop doing a thing, and the second is bans.
I clearly said in my comment that no one else has been asked to not provide feedback. Only Steve, and only those types of comments.
I personally think netstack's ban of @WhiningCoil was fine. Its only that he should have been harsher with @Capital_Room. 5 days at least for capital room for clear fedposting. And just one day for whining coil cuz it sorta looked like fedposting.
As far as I am concerned fedposting is one of the few existential threats that this board faces. The other two are zorba kicking the bucket and a democrat party crackdown on free speech on the web.
One day bans are minor and basically nothing. That is us saying "yes really, this is a rule we will enforce, don't do it". For anything resembling fed posting I'm also willing to hand out bans like candy. Don't fucking do it. We can choose to be lenient when it is just the rules we care about enforcing. But this is a rule that the world will enforce upon us if we don't self police. Be annoyingly verbose and add a bunch of disclaimers if you insist on doing it. We still might ban you, because again we aren't really the ones making the rule on this. Sorry it sucks, I don't like it anymore than you do.
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