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Back in February, Maine state representative Laurel Libby got censured by the states House of Representatives for posting a tweet featuring state track-and-field champions photos with the same kid that won the recent women's pole vault also placing fifth in men's poll vault two years prior. (Tweet on page 9 of this pdf.)
The censure (passed narrowly along party lines) is based on the notion that Libby is endangering the minor athlete with all this publicity, and that she must apologize. She refused to do so. The rules of the House of Representatives say that "is guilty of a breach of any of the rules and orders of the House … may not be allowed to vote or speak, unless by way of excuse for the breach, until the member has made satisfaction." So until Libby apologizes, she is barred from speaking on the floor, and barred from voting.
Libby sued in federal court for 1st Amendment violation. Meanwhile, she has been seeking emergency relief to restore her voting rights (and thus also the representation rights of her constituents). Both the district court and the First Circuit court of appeals have declined to grant her the emergency relief:
Today, the US Supreme Court granted the emergency relief.
The tweet in question is on an important current political topic made by an elected representative, is inline with her platform (which is likely why she got elected in the first place), and has only publicly available information. The censure bases its rationale on possible harm to the minor athlete, based on indirect evidence that harm could happen (but didn't): tweets by others about this kid, and some study finding that trans kids are four times more likely to be bullied. So it seems to me that this is a clear-cut case of clearly protected political speech by someone whose job it is to speak it.
I am therefore trying to wrap my head around the "legislative immunity" argument that both the district court and first circuit found persuasive. In Maine House of Representatives, some things require a super-majority (2/3 votes), e.g.: overriding the governor's veto. What is to stop the slim majority of one political party of censuring enough members of the opposing party based on similar fig-leaf reasons, depriving them of the ability to vote, and thus gaining the super-majority?
I don't find this compelling. A vast majority of behavior that falls under "doxxing" involves the collation and signal-boosting of information that is technically 'publicly available' to a motivated sleuth, but not widely distributed. The most familiar example round these parts would be Scott's real name, which was always trivial to find through the Internet Archive if you knew to look for it. That wasn't a good reason for the NYT to publicize it against his express wishes, and I think the same goes here.
(Of course, that only proves Libby's behavior was either knowingly dickish, or irresponsible. There's still a leap from that to arguing it's so beyond the pale that it's worth barring her from fulfilling her duties as an elected representative. But as a matter of common decency, all else being equal, Libby should apologize.)
Champion athletes are different- anyone paying attention to the sport knows who they are.
Exactly. The entire trans-sports debate needs to be reframed in those terms: the debate isn't really whether MTFs can be allowed to compete, it's whether they be allowed to win.
Which is what's so frustrating about the dishonesty of the debate. Athletics are great, I'm a big advocate for them, but formal competitions aren't a necessary component. There are plenty of hobbyists across many sports who never compete, will never compete, and still get a lot out of it. Most rock climbers never compete. Most golfers never enter a tournament. Most Yogi aren't even aware of the idea of a tournament!
Most of the people at my BJJ gym will never enter a formal comp, and while the girls tend to stick together at need the rolls are co-ed. If a trans girl joined the gym, she'd have every opportunity to advance at the gym, and if I had to roll with her (though I'd probably avoid it if I could) I'd treat her like anyone else weaker than me, and she'd be expected to treat other women the same way. It's only once you start talking about a comp that there's any possibility of real trouble, and most people never enter comps. Hell, my good friend is a black belt, entered one tournament in his life, broke his collarbone, and immediately said "never doing that again."
Trans advocates, taking them in good faith, are giving trans girls terrible advice when they send them to join the track team, where they'll be constantly hounded. If a trans girl has interest in athletics, she should just pick up hobbyist athletics without the expectation of winning medals in anything.
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