Kentucky Gov. Says Tax-Funded Electioneering Is OK Because Gov't Has 'First Amendment Rights'

Brittany M. Hughes | August 15, 2024
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Kentucky Democrat Gov. Andy Beshear defended an embattled school district caught in a potentially illegal electioneering scheme, claiming the school district has “First Amendment rights.”

Which, to anyone familiar with the First Amendment and the rights of the people versus the role of government, is patently and laughably absurd. And yet.

Here’s the backstory. According to a lawsuit brought by the Liberty Justice Center, the Pulaski County school district illegally engaged in political electioneering when the school system posted to their official social media pages advocating against a public ballot measure that would expand school choice. The LJC pointed out that Kentucky law prohibits using official school time and resources - all part of the government, and all paid for with taxpayer money - for political advocacy, a fact that the state Attorney General also reminded the school district about in a letter.

But according to Beshear, using public money for political advocacy is totally OK, because - and take a moment to soak this one in - the government has First Amendment rights.

“These school districts, I believe, have First Amendment rights,” Beshear bizarrely claimed. “It needs to be done in a certain way, but this is a public school district fighting for the future of public schools. I think that’s really important.”

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Which makes you wonder if Beshear could actually hear himself speaking, or if he’s truly so daft as to believe his own words.

To be clear, the government does not have “First Amendment rights.” The people have First Amendment rights, notably to protect them from the government. Now, if Susie McTeachesalot wants to go on her personal Facebook page after dinner one night and blast away at a proposal that would allow parents to take their kids out of her Gender 101 class and enroll them in a better school, she’s welcome to do so. But a school district using taxpayer funded time and equipment to publicly advocate for or against a political measure? Big no-no, and not in any way, shape, or form covered by the First Amendment.

I wonder if it’s possible to entirely throw out one’s brain from all these mental gymnastics.

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