A former Colorado high school student is waging an ongoing battle with the US government and organized Jewry in court.
In what is the first real test of the Supreme Court's spring ruling in B.L. v. Mahanoy, which declared that public school students have First Amendment rights when they are off campus, an individual identified as C.G. is appealing the dismissal of his lawsuit challenging his expulsion from Cherry Creek High School over a joke he made about Jewish people.
According to the facts in the case, C.G. went to a thrift store on an evening in 2019. While trying on WWII military caps, he wrote to Snapchat "Me and the boys bout to exterminate the Jews.” The post was made off school property.
A Jewish student saw the post and had their parents report it to the police, the Israeli lobbyists at the Anti-Defamation League, Rabbi Richard Rheins, and school district officials. The post, even after being deleted, was circulated widely throughout the Jewish community, which whipped them up into a hysteria and prompted a witch hunt.
This led to C.G. being investigated by the police for the "hate speech," but they concluded that no law was broken.
School administrators initially only suspended C.G. for a few days, but the ADL then got involved and got to decide on how to punish the student following the incident. Despite C.G. being highly apologetic and the ADL's Scott Levin admitting that the post was just a joke, the Jewish District Director had C.G. expelled from the school anyway.
C.G.'s First Amendment reasoning in the case is cut and dry, but Colorado District Court Judge R. Brooke Jackson refused to even allow C.G.'s plight to be heard in court and promptly dismissed his case.
Now, with a Supreme Court ruling in tow C.G. will be appealing his case, which under current circumstances may cause federal judges who oppose free speech difficulty in refusing to at least grant him a hearing.
Legal experts believe that his case is bulletproof, though a court could still refuse to grand his appeal and possibly force a legal battle back to the Supreme Court to hear whether the First Amendment protects criticism, satire, or jokes about Jews. In 2021 America, the law is very clear on paper, but increasingly not respected in day to day life.