General Discussion
In reply to the discussion: Court orders upstate woman to remove Confederate flag or risk custody of multi racial child [View all]StarfishSaver
(18,486 posts)Last edited Mon May 10, 2021, 03:51 PM - Edit history (1)
It's determined by the circumstances.
But something doesn't have to constitute hate speech in order for it to be considered harmful to a child. Certain things that fall fully within constitutionally protected speech or behavior can, under certain circumstances, be deemed harmful to a child and, this it be determined that the behavior be stopped or the child be removed from it.
People have the general Constitutional right to associate with whomever they wish, but if someone is regularly associating with a pedophile in their home in the presence of their children, that can be considered harmful to the child and They can be ordered to stop associating with that person, and if they refuse, the child can be removed if the association continues.
Not only are Constitutional rights not absolute, they are often balanced against other rights and in many cases those other rights outweigh the Constitutional right. That's almost always the case when it comes to child custody cases in which the best interests of the child - even it's not an enumerated Constitutional right - overcome a person's right under the Constitution.