MRxTheDemocratForever

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A content-based restriction on First Amendment-protected activity in a designated public forum is subject to strict scrutiny and must be narrowly tailored to serve a compelling state interest. Freedom From Religion Foundation, 955 F.3d at 426. The restriction here describes impermissible expression “not in terms of time, place, and manner, but in terms of” content, i.e., a drag show. Police Dep’t. of Chicago v. Mosley, 408 U.S. 92, 99 (1972). The ban abandons “the neutrality of time, place, and circumstance” and becomes “a concern about content.” Id. The university may have a legitimate interest in prohibiting some expression to protect the institutional and educational mission, but a justification for a selective exclusion from a designated public forum must be carefully scrutinized. Id. at 98–99. Because

theatrical performances plainly involve expressive conduct within the protection of the First Amendment, and because we find the plaintiffs’ drag show is protected expression, discrimination among such shows must pass strict scrutiny. “The University’s institutional mission . . . does not exempt its actions from constitutional scrutiny.” Widmar v. Vincent, 454 U.S. 263, 268 (1981). President Wendler did not argue, either before the district court or on appeal, that restricting the intended drag show would survive strict scrutiny. Based on the record before us, the district court erred in concluding that the plaintiffs were not substantially likely to succeed on the merits of their First Amendment claim.5

5th Cir., 2-1, holds that a Texas university likely violated an LGBT+ student group's speech rights when it cancelled their drag show and then banned drag from campus.

Importantly, finds drag is expression protected by the First Amendment.

www.thefire.org/sites/defaul...

Tapping the sign (until ICE tears it down) bsky.app/profile/adam...

👀 ☺️ IMAGINE BEING SO AFRAID OF BEING RECOGNIZED you skulk around with your mug-shot being covered & doing stoopid stuff...🤑
👍 SEEMS TO ME BAD BOYS grow up to be ICE COLD PAID 2 LEGGED ADULTS, STILL DOING STOOPID, ILLEGAL STUFF, AS DIRECTED BY THE POTUS OF A SHIT-HOLE COUNTRY.🤣🥵

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😍Love you, Kat & Bertie Sanders, too!! 👍

Winning hearts and minds, shaking hands and paws 🤝🐾

opening up hobbii, adding enough yarn to make a sweater to my cart, wistfully smiling at it, and closing the app like it's the main apartment door during a sitcom series finale

#NewsomForOurNextPotus!! ASAP!!😍😀🤗🏆

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👌"When you bend the knee, MAGA looks invincible. As soon as you stand up, though, the orange god starts to look like a fetid bag of wind." PURR-FECTLY SPOKEN!!!

🥰👍 what a great pair of pups enjoying others...🥰👌

Can’t wait for @jaketapper.bsky.social’s book about this

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🤬🤞BE SURE AND RID 'MERICA OF THIS MEANINGLESS SO- CALLED "christian." 🤬

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😀 SEND THE ORANGE ONE WHO SENT HIM TO THAT PRISON, TO THE ONE WHERE TRUMP, AS A CONVICTED FELON, SHOULD BE CURRENTLY INCARCERATED FOR HIS MANY CRIMES OF WHICH THIS MAN HAD NONE.😘
THE VERY IRONY OF HOW EVIL BEINGS WITH $$, CAN SINK.🤴

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😀😘😍🤞 Still young enuf to TAKE THE PLUNGE into OUR OVAL again, & I SURE WISH HE WOULD!!! 😍😁

🤬 That was just another bad move to prove how "STRONG" he was, & a disaster like many the orange one makes several of which, EVERY DAY!🤑

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The bombings were part of Washington’s effort to hasten the end of the war and avoid a full-scale land invasion of the Japanese islands.

Photo: Universal History Archive

😎STILL MISS OLE LBJ! Those times were ALOS better than now TIMES with the orange menace removing our CONSTITUTION

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ABOUT TIME 🤬🤑😦

🎯👍DRUMP & his cult are vultures of self en-grandisement (I don't know how to spell it👈) but I mean, 🤑they're greedy sick idiots never having learned the meaning of the word "empathy", nor do they want to.

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The Birdcage: Watch it as an act of rebellion! Robin Williams, Nathan Lane and Hank Azaria are hysterical! Elaine May's adaptation is brilliant. You're gonna feel so much better.

🎯👍😁The Birdcage: Watch it as an act of rebellion!
open.substack.com/pub/morgaan/...