8th Circuit Bolsters Free Speech for All

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The following press release is from our friends at Alliance Defending Freedom:

The following quote may be attributed to Alliance Defending Freedom Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom, regarding a decision Wednesday by the U.S. Court of Appeals for the 8th Circuit in Melton v. City of Forrest City, a case concerning a firefighter who had his employment terminated after he posted a pro-life image on social media, ruling that the firefighter’s free-speech claim should go to a jury:

“All Americans should be free to express viewpoints and ideas without fear of government punishment. When the government decides which topics are appropriate for debate, we all lose. The 8th Circuit rightly recognized that the First Amendment’s bar on heckler’s vetoes protects the full-bodied discussions necessary for public debate. Governments can’t monopolize the marketplace of ideas, otherwise organizations like The Douglass Leadership Institute, The Radiance Foundation, and Speak for Life, which stand for life—especially in Black communities that are disproportionately affected by abortion—wouldn’t be free to speak without fear of government reprisal. The court’s decision allows free speech to flourish for all.”

“The problem is that there was no showing that Melton’s post had an impact on the fire department itself,” the 8th Circuit wrote in its ruling. “No current firefighter complained or confronted him about it. Nor did any co-worker or supervisor refuse to work with him. Granting summary judgment based on such ‘vague and conclusory’ concerns, without more, runs the risk of constitutionalizing a heckler’s veto.”

In February 2024, ADF attorneys filed a friend-of-the-court brief in the case on behalf of The Douglass Leadership Institute, The Radiance Foundation, and Speak for Life.

  • Pronunciation guide: Langhofer (LANG’-hoff-ur)

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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Remembering Dr. James Dobson

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From left: Family Council President Jerry Cox and Dr. James Dobson. (File photo: 2007).

If there were a Mount Rushmore of God’s men in America, Dr. James Dobson’s face would be etched on it. His influence is without peer. Millions of families have learned from him God’s way of staying married, raising children, and standing boldly for truth in the public square.

I first saw Dr. Dobson in person in 1989 when he announced the formation of the nationwide network of state policy councils—of which Family Council remains a part to this day. After a long day of speeches from sharp men in dark suits, Dr. Dobson approached the podium. He wore a simple sweater, and when he began to speak, it felt less like a lecture and more like a conversation in his own living room. His quiet, humble words carried extraordinary power and inspiration.

I remember thinking, “Put me in, Coach. I’m ready to play.”

Thirty-six years later, because of him—and by the grace of God—I’m still in the fight. I am convinced that I would not be here today, directing Family Council, if God had not spoken to me through Dr. James Dobson.

His legacy is not only measured in words spoken or books written, but in the countless lives he has touched and the generations that continue to be shaped by his faithfulness. His influence for good is truly beyond measure.

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Minnesota Court Battle Shows Why Arkansas’ Law Protecting Women’s Sports Matters

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On Wednesday a federal court in Minnesota heard oral arguments in a lawsuit over fairness in women’s sports.

The group Female Athletes United is challenging a Minnesota policy that lets male athletes compete in women’s athletics.

We have written many times about how male athletes have taken first place medals and podium spots away from women and girls.

Title IX is a federal law that prohibits discrimination on the basis of sex in education and in activities that receive federal funding — like school athletic programs. But in recent years there have been various policies and rules that drastically redefined “sex” under state and federal law to include sexual orientation and gender identity.

As a result, many policymakers and educators — including officials in Minnesota — have adopted policies that let male athletes compete in women’s sports and use girls’ locker rooms, showers, restrooms, and changing areas at school.

Female Athletes United is an organization that advocates for women and girls in sports. In May, the organization filed a lawsuit to strike down Minnesota’s policy that lets biological males compete in girls’ sports. The organization is represented by attorneys from Alliance Defending Freedom. Wednesday’s arguments in court are part of the lawsuit to strike down Minnesota’s policy.

In a statement, Alliance Defending Freedom wrote,

Alliance Defending Freedom attorneys represent Female Athletes United in a lawsuit challenging a discriminatory Minnesota athletics policy that violates the equal treatment and athletic opportunities for girls guaranteed by Title IX.

“Minnesota is failing its female athletes,” said ADF Senior Counsel Rory Gray, who will be arguing before the court. “The state is putting males ahead of females, telling girls their hard work may never be enough to win and that they don’t deserve fairness and safety. By sacrificing protection for female athletes, Minnesota fails to offer girls equal treatment and opportunity, violating Title IX’s provisions. We are advocating for true equality in sports and urge the court to enjoin Minnesota’s discriminatory policy.”

It seems likely that our federal courts ultimately will rule against Minnesota’s policy and uphold fairness in women’s sports.

Earlier this year, President Trump signed executive orders protecting fairness in women’s sports.

Since then the U.S. Department of Education has worked hard to ensure public schools, colleges, and universities treat women and girls fairly.

Letting men compete in women’s sports is unfair, and it effectively erases women’s athletics.

Female swimmers, powerlifters, cyclists, sprinters, volleyball players, and others have seen their sports radically changed by men who claim to be women. That hampers their ability to compete for athletic scholarships, and it hurts their professional opportunities as adults.

In some sports, letting men compete against women can even be dangerous.

In 2021 Arkansas passed Act 461 by Sen. Missy Irvin (R — Mountain View) and Rep. Sonia Barker (R — Smackover) preventing male student athletes from competing against girls in women’s athletics at school. This good law protects fairness in women’s sports — and it has spared Arkansas from some of the legal battles that other states have faced over athletic programs.

Arkansas also has adopted good laws protecting physical privacy in school locker rooms, showers, restrooms, changing areas, and sleeping accommodations.

Most Americans agree that athletes should compete according to their biological sex — not their gender identity.

We deeply appreciate organizations like Alliance Defending Freedom and Female Athletes United who stand up for fairness in women’s sports. We also appreciate Arkansas’ lawmakers who have enacted good measures protecting fairness in women’s sports in our state.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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