Kyle Fellers and Anthony Foote were banned from school grounds in Bow after wearing the wristbands to a soccer game in September that included a transgender girl on the opposing team. They later sued the school district, and while the no-trespass orders have since expired, they asked the judge to allow them to carry signs and wear the wristbands featuring the symbol for female chromosomes at school events while the case proceeds.
Both men testified at a hearing in November that they didn’t intend to harass or otherwise target transgender athlete Parker Tirrell, and their attorneys argued they did nothing more than silently express their support for reserving girls’ sports for those assigned female at birth.
But in denying their motion Monday, U.S. District Court Judge Steven McAuliffe said the parents’ “narrow, plausibly inoffensive” intentions weren’t as important as the wider context, and that adults attending a high school athletic event do not enjoy a First Amendment protected right to convey messages that demean, harass or harm students.
It was still harassing a student all the same.
So wristbands are okay… Because they’re just clothes, not marching in circles and chanting? How about if it’s t-shirts instead? After all, both are just clothes. How about if those shirts or wristbands have wording that calls the student a slur?
The student will undoubtedly find any kind of protest clothing offensive because they’re protesting her existence… So where do we draw the line on parents’ right to offend a student? Is it just slurs that aren’t allowed? Who decides what is and isn’t offensive? It obviously can’t be the person doing the protesting, because their entire goal is to offend the targeted student.
How about if it’s signs instead of clothing? The student will likely find any kind of signs demeaning, but are they okay because they’re just passively holding them? How about if those signs call the student a slur?
The issue with allowing protest (especially one that targets a specific student) is that someone has to decide where to draw the line. And every individual will have a different line in the sand… So if our goal is to protect the student, (and again, this protest is 100% without a doubt harassing a student) they need to go by the lowest threshold, not the highest.