Skip to content
A Member of the Law Professor Blogs Network

California court strikes down law against “misgendering” speech HotAir

The court struck down that portion of the law based on a well-established principle. As Volokh goes on to point out, the court found that the use of pronouns constituted content-based speech. In other words, the law discriminates against speech based on the substance of what it communicates. The Supreme Court has generally ruled against such laws, though there are exceptions. This is the opposite of what s known as a content-neutral law which would apply to expression without regard to its substance.

via hotair.com