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Full-Text Articles in First Amendment
Commentary: Divisive Concepts And Regulation By Threat Of Baseless Lawsuit, John M. Greabe
Commentary: Divisive Concepts And Regulation By Threat Of Baseless Lawsuit, John M. Greabe
Law Faculty Scholarship
[Excerpt] "At the State House, attention has returned to New Hampshire's so-called 'divisive concepts' law. The law, enacted in 2021, bars public K-12 teachers from engaging in certain forms of instruction on issues of race, gender, and other forms of discrimination. The Legislature is presently considering bills both to repeal the law and to extend it to the higher education context.
Those who support repeal tend to emphasize the vital need for classroom conversations on topics near the periphery of the restraints on speech imposed by law. And rightly so. The law's purpose and effect are to deter teachers and …
New Hampshire's 'Divisive Concepts' Law And The Big Chill, John M. Greabe
New Hampshire's 'Divisive Concepts' Law And The Big Chill, John M. Greabe
Law Faculty Scholarship
[Excerpt] "
Much critical commentary on the so-called “divisive concepts” provisions in this year’s budget legislation – the label comes from language in an earlier version of the bill – has focused on their content- and viewpoint-based restraints on speech. These speech restrictions prohibit state public employers, including public K-12 school teachers, from (among other things) instructing that persons are “inherently superior or inferior to [others]” “inherently racist or sexist,” “should be discriminated against,” or “should not attempt to treat others equally” because of their “age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or …