A different perspective on the current state of Jeffco schools

Month: June 2018

District says recent 1st Amendment ruling does not provide precedent in Colorado

With a recent ruling by a Federal Court judge in support of 1st Amendment rights relating to President Trump’s pernicious and unconstitutional practice of blocking critics on Twitter, I sent an email to the Board of Education relating to Jason Glass’s similar, Trump-like, behavior.

While Jason Glass coincidentally unblocked my account, the response from Amanda Stevens of the Board was a bit puzzling.

Amanda’s response was:

“Dr. Glass and district leadership enthusiastically support the 1st Amendment to the United States Constitution.  In fact, even though this Southern District Federal Court decision does not provide precedent for Colorado, I have confirmed with Craig Hess, district legal counsel, that our practices are in compliance with Justice Naomi Reice Buchwald’s decision.”

And, what exactly does that mean, Amanda?

Are you saying that this Federal ruling has no applicability in Jeffco schools and Colorado? Why then did the plaintiffs’ attorney in this case say the ruling “should guide all of the public officials who are communicating with their constituents through social media.”

And Amanda, in light of this ruling and if Jason Glass is blocking constituents on Twitter, how can you say that the District’s “practices are in compliance with Justice Naomi Reice Buchwald’s decision”?

You can only say that if Jason Glass unblocked people whose viewpoints he didn’t want to hear before you sent a reply.

The fact of the matter is that Jason Glass was violating the constitutional rights of taxpayers in this District. However, in the interest of protecting him, you can’t admit it and go on to provide some meaningless mumbo-jumbo from world renowned constitutional law expert (just joking), Jeffco Schools legal counsel Craig Hess.

Guess what – the law applies to Jason Glass too!

Is Jason Glass illegally violating constituents’ 1st Amendment Rights?

On May 28th I sent the following email to the Board of Education as Jason Glass, the great “listener,” has blocked me on Twitter since late October or early November 2017:

Please direct your employee, Jason Glass, to stop violating constituents’ 1st Amendment Rights and unblock the Twitter accounts he has blocked. A federal judge has just ruled that his blocking of accounts is unlawful.

I would assume that you fully support the 1st Amendment, as I do, as the amendment was written to ensure free and open speech. Sometimes we may not like what that speech is, but that doesn’t necessarily mean that someone doesn’t have the constitutional right to say it.

According to cnn.com, a federal judge, Naomi Reice Buchwald, in New York ruled Wednesday, May 23rd, that President Trump is in violation of the Constitution when he blocks users on Twitter, because Twitter is considered a “public forum” when used by public officials to communicate.

“We hold that portions of the @realDonaldTrump account — the ‘interactive space’ where Twitter users may directly engage with the content of the President’s tweets — are properly analyzed under the “‘public forum’ doctrines set forth by the Supreme Court, that such space is a designated public forum, and that the blocking of the plaintiffs based on their political speech constitutes viewpoint discrimination that violates the First Amendment,” Buchwald wrote.

“We’re pleased with the court’s decision, which reflects a careful application of core First Amendment principles to government censorship on a new communications platform,” said Jameel Jaffer, executive director of the Knight Institute. “The President’s practice of blocking critics on Twitter is pernicious and unconstitutional, and we hope this ruling will bring it to an end.”

Katie Fallow, a staff attorney at Knight who represented the plaintiffs, said the ruling “should guide all of the public officials who are communicating with their constituents through social media.

Jason Glass has enthusiastically supported the 1st Amendment rights of students to rally against gun violence and he has enthusiastically supported the 1st Amendment rights of teachers to rally in support of additional funding for public education. Fortunately in the United States, Jason Glass, a public official, cannot be selective in whose 1st Amendment rights he supports.

Please immediately direct your employee, Jason Glass, to fully support the 1st Amendment and a Federal Judge’s ruling that directly relates to the Twitter accounts of public officials and remove the illegal block he has placed on my @bobgcolorado twitter account and any others he has blocked.

Thank you.