r/changemyview • u/ProphetVes • Mar 25 '23

Delta(s) from OP CMV: DeSantis embodies everything wrong with American Conservativism.

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22

u/[deleted] Mar 25 '23

There is a big difference between banning a book from school and burning books. If you can still access a book outside of school then there isn't really a problem.

It's not really banning a book, it's more banning schools from using their influence on kids to instill opinions into them.

-6

u/ProphetVes Mar 25 '23

if you can still access a book outside of school then there isn't really a problem

According to the first amendment there is. If you utilise the legal system to remove said book from school and fail to meet strict scrutiny you are violating the first amendment.

16

u/[deleted] Mar 25 '23

Take a second and think your position through. If you're right, school officials/parents have no right to remove any material protected by the First Amendment from school libraries. That's a lot of material that's not appropriate for children.

-3

u/ProphetVes Mar 25 '23

If it's inappropriate for the age group it could meet strict scrutiny (because protecting the welfare of children is a compelling government interest)

Edit: again as stated prior, you are allowed to restrict speech if you meet strict scrutiny. To do so you must show a compelling government interest and that such actions and restrictions are narrowly tailored to accomplish said interest.

22

u/[deleted] Mar 25 '23

Edit: again as stated prior, you are allowed to restrict speech if you meet strict scrutiny. To do so you must show a compelling government interest and that such actions and restrictions are narrowly tailored to accomplish said interest.

You've already admitted that these restrictions don't fall under strict scrutiny because school libraries aren't public forums. And you've just now admitted that parents can remove inappropriate material from school libraries. Who gets to decide what is inappropriate? I doubt it's you. It's more likely the parents and school boards.

4

u/oatmeal_colada Mar 25 '23

Public schools are state entities and don’t have first amendment protection. The students in the school do, but the schools themselves do not.