So here’s a guy who believes in (but does not practice) polygamy.
He wants to talk to his 10 year old dayughter about his beliefs.
His ex-wife (the girl’s mom) has gone to state court to forbid him from even discussing the matter.
And the unbelievable thing is that the court agreed with the mom!
The lawyer said that learning about polygamy from her father could put Kaylynne at risk of “child abuse and sexual abuse and whatever else.”
The father is appealing to the state supreme court.
I just can’t believe this. The court is stepping in to say what a father may or may not discuss with his daughter??? Doesn’t this fall smack dab under Freedom of Speech?
Well, just for argument’s sake we could posit the situation of crying “Fire” in a crowded theater. (I’m not asserting this argument, I’m just saying it can be used to justify the approach noted by the OP.)
Remember, Freedom of Speech is not absolute. The government may forbid it if it meets certain criteria.
I’ll leave it to the more legal and constitutionally minded dopers to critique the above.
Also, free speech does not cover inciting others to commit crimes, does it? Since polygamy is illegal, I suppose you could argue that he is trying to get her to commit a crime. Or maybe by doing so he would be contributing to her deliquency.
I guess. But I wouldn’t try to make that argument.
There’s a huge difference between discussing a crime and talking about specific acts of committing it in the future, or planning to, or threatening to. Look at NAMBLA, they advocate for pedophilia laws to be abolished, but they can’t actually advocate committing pedophilia.
Ah, I saw this thread title and I said to myself, “The polygamy guy!” Yup.
I saw the issue as basically just another custody fight, rather than a “free speech” issue. What makes this case different from all the other “I don’t want my child to do that thing that you’re proposing so let’s take it to the judge” custody fights is just the “free speech” aspect.
But even in a custody case, how can they restrict the father’s speech? If he believes medical marijuana should be legal, could they forbid him from mentioning it to his child? That’s just crazy.
Some areas – I believe Michigan is the one I’m thinking of, but I’m not sure, and there may be others – hold that suggesting that polygamy may be an acceptable life choice is a felony.
The polyamorous activism group I’ve spent time with was founded by someone in the relevant state; it worries her.
