General Discussion
In reply to the discussion: Court orders upstate woman to remove Confederate flag or risk custody of multi racial child [View all]Withywindle
(9,989 posts)I'm not a lawyer, but First Amendment isn't the only issue to consider here.
Of course she has 1A rights to display whatever symbol she wants - no one's talking about sending her to jail for it, or even forbidding her to do so.
It IS in the purview of a family court to consider whether someone who openly displays a racist hate symbol is the best person to be raising a mixed-race child. I think the answer to that is pretty obviously NO.
Freedom of speech doesn't mean freedom from all consequences of that speech. We have news stories here about people getting fired for racist speech all the time, and we usually cheer that here. I don't think anyone would think it was unfair if a spouse left another spouse because they started getting hella racist (especially if the leaving spouse was a person of color). Why do we think it's somehow an injustice to think maybe someone like that isn't entitled to custody of a vulnerable child, especially one of a group targeted by the hate symbol?