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Supreme Court Rules Cheerleader's F-Bombs Are Protected By The 1st Amendment

Nina Totenberg | NPR

Updated June 23, 2021 at 12:20 PM ET

The U.S. Supreme Court sided with students on Wednesday, ruling that a former cheerleader's online F-bombs about her school is protected speech under the First Amendment.

By an 8-1 vote, the court declared that school administrators do have the power to punish student speech that occurs online or off campus if it genuinely disrupts classroom study. But the justices concluded that a few swear words posted online from off campus, as in this case, did not rise to the definition of disruptive.

"While public schools may have a special interest in regulating some off-campus student speech, the special interests offered by the school are not sufficient to overcome B. L.'s interest in free expression in this case," Justice Stephen Breyer wrote for the court's majority.

At issue in the case was a series of F-bombs issued in 2017 on Snapchat by Brandi Levy, then a 14-year-old high school cheerleader who failed to win a promotion from the junior varsity to the varsity cheerleading term at her Pennsylvania school.

"I was really upset and frustrated at everything," she said in an interview with NPR in April. So she posted a photo of herself and a friend flipping the bird to the camera, along with a message that said, "F*** the school ... F*** cheer, F*** everything."

Suspended from the team for what was considered disruptive behavior, Brandi and her parents went to court. They argued that the school had no right to punish her for off-campus speech, whether it was posted online while away from school, as in this case, or spoken out loud at a Starbucks across the street from school.

A federal appeals court agreed with her, declaring that school officials have no authority to punish students for speech that occurs in places unconnected to the campus.

The decision marked the first time that an appeals court issued such a broad interpretation of the Supreme Court's landmark student speech decision more then a half century ago. Back then, in a case involving students suspended for wearing black armbands to school to protest the Vietnam War, the court ruled that students do have free speech rights under the Constitution, as long as the speech is not disruptive to the school.

Although Brandi Levy is now in college, the school board in Mahanoy, Pa., appealed to the Supreme Court, contending that disruption can come from outside the campus but still have serious effects on campus. It pointed to laws in 47 states that require schools to enforce anti-bullying and anti-harassment policies.

The high court, however, focused on the facts in Levy's case, concluding that while her posts were less than admirable, they did not meet the test of being disruptive.

"We do not believe the special characteristics that give schools additional license to regulate student speech always disappear when a school regulates speech that takes place off campus," Breyer wrote. "The school's regulatory interests remain significant in some off-campus circumstances."

In a concurring opinion, Justice Samuel Alito wrote: "If today's decision teaches any lesson, it must be that the regulation of many types of off-premises student speech raises serious First Amendment concerns, and school officials should proceed cautiously before venturing into this territory."

In a dissent, Justice Clarence Thomas wrote that the school was right to suspend Levy because students like her "who are active in extracurricular programs have a greater potential, by virtue of their participation, to harm those programs."

"For example, a profanity-laced screed delivered on social media or at the mall has a much different effect on a football program when done by a regular student than when done by the captain of the football team," Thomas wrote. "So, too, here."

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In A Court Hearing, Britney Spears Asks For Conservatorship To End

Britney Spears performing onstage in Las Vegas in 2016.; Credit: Christopher Polk/Getty Images

Andrew Limbong | NPR

Updated June 23, 2021 at 6:05 PM ET

Addressing a Los Angeles Superior Court judge today via a remote connection, Britney Spears on Wednesday afternoon made her most public statement to date about her long-running conservatorship. For over a decade, the pop star's life has been ruled by an atypical court-dictated legal arrangement that removes practically all autonomy from her life. Until now, the pop star has remained mostly quiet on the subject.

Today, in a passionate statement, she plead for the conservatorship to end. According to tweets sent by observers on the scene, Spears was open and outspoken about her situation. She said her life was being exploited, and she can't sleep, is depressed and cries every day. She stated that she wants another baby, but is forced by the agreement to keep an IUD in place.

Before today, after a recent New York Times and FX documentary, Framing Britney Spears, reignited interest in her story and the wider #FreeBritney movement, she has shied away from public comment, but did share some thoughts on social media.

"I didn't watch the documentary but from what I did see of it I was embarrassed by the light they put me in," she wrote in an Instagram caption in March. "I cried for two weeks and well .... I still cry sometimes !!!!"

But on Tuesday, The New York Times, citing recently obtained confidential court records, reported that Spears has been trying to fight her conservatorship for years.

"She articulated she feels the conservatorship has become an oppressive and controlling tool against her," a court investigator wrote in a 2016 report. The system had "too much control," Ms. Spears said, according to the investigator's account of the conversation. "Too, too much!"

Ms. Spears informed the investigator that she wanted the conservatorship terminated as soon as possible. "She is 'sick of being taken advantage of' and she said she is the one working and earning her money but everyone around her is on her payroll," the investigator wrote.

In 2019, Ms. Spears told the court that she had felt forced by the conservatorship into a stay at a mental health facility and to perform against her will.

You can find more details about the history of her conservatorship here, but these are the broad strokes:

In 2008, Britney Spears' father, Jamie Spears, gained control of all aspects of his daughter's life after the singer publicly struggled with her mental health. (As the Framing Britney Spears documentary brought new attention to her case, it also started some soul-searching among media types who farmed her mental health issues for tabloid headlines.) Everything from her performances to her finances to her relationships with her two now-teenage sons was under her father's control.

The pop star's fans began to question the ethics and legality of the arrangement, and under the banner #FreeBritney they have sustained a lengthy campaign to see it end.

During this time, Britney Spears continued working — putting out platinum-selling albums, doing TV gigs and mounting a hugely successful four-year residency in Las Vegas. She had no control over the financial arrangements of any of these projects.

In a 2020 court filing, Spears asked the court to suspend her father from his role as conservator and refused to perform if he remained in charge of her career. As a result, a wealth-management company became a co-conservator for her finances, but her father presently remains the main conservator for all other aspects of Spears' life.

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Read Britney Spears' Statement To The Court In Her Conservatorship Hearing

Britney Spears arrives for a movie premier in Hollywood, Calif., on July 22, 2019. On Wednesday, the singer asked a judge to end her conservatorship.; Credit: Valerie Macon/AFP via Getty Images

NPR Staff | NPR

Britney Spears is asking a Los Angeles Superior Court judge to end her 13-year conservatorship, saying she is being exploited, bullied and feeling "left out and alone."

Below is a transcript from a leaked audio recording of part of Spears' court statement Wednesday posted on YouTube and verified by NPR.


Britney Spears: I will be honest with you, I haven't been back to court in a long time because I don't think I was heard on any level when I came to court the last time. I brought four sheets of paper in my hands and wrote in length what I had been through the last four months before I came there. The people who did that to me should not be able to walk away so easily. I'll recap: I was on tour in 2018; I was forced to do. My management said if I don't do this tour I will have to find an attorney.

Los Angeles Superior Court Judge Brenda Penny: Ms. Spears, Ms. Spears. I hate to interrupt you, but my court reporter is taking down what you're saying.

Spears: OK.

Penny: And so you have to speak a little more slowly.

Spears: Oh, of course. Yes. OK. I apologize. Great.

Penny: So we hear and make a record of everything you're saying.

Spears: The people who did this to me should not get away and be able to walk away so easily. Recap: I was on tour in 2018. I was forced to do. My management said if I don't do this tour, I will have to find an attorney and by contract my own management could sue me if I didn't follow through with the tour. He handed me a sheet of paper as I got off the stage in Vegas and said I had to sign it. It was very threatening and scary and with the conservatorship, I couldn't even get my own attorney. So out of fear, I went ahead and I did the tour. When I came off that tour, a new show in Las Vegas was supposed to take place. I started rehearsing early, but it was hard cause I'd been doing Vegas for four years and I needed a break in between.

But no, I was told this is the timeline and this is how it's gonna go. I rehearsed four to four days a week, half of the time in the studio and a half of the other time in a Westlake studio. I was basically directing most of the show with my whereabouts, where I preferred to rehearse and actually did most of the choreography, meaning I taught my dancers my new choreography myself. I take everything I do very seriously. There's tons of video with me at rehearsals. I wasn't good. I was great. I led a room of 16 new dancers in rehearsals. It's funny to hear my manager's side of the story. They all said I wasn't participating in rehearsals and I never agreed to take my medication, which my medication is only taken in the mornings, never at rehearsal. They don't even see me. So why are they even claiming that?

When I said no to one dance move into rehearsals, it was as if I planted a huge bomb somewhere and I said, no, I don't want to do it this way. After that, my management, my dancers and my assistant of the new people that were supposed to do the new show all went into a room, shut the door and didn't come out for at least 45 minutes. Ma'am, I'm not here to be anyone's slave. I can say no to a dance move. I was told by my — at the time — therapist, Dr. Benson, who died, that my manager called him and then that moment and told him I wasn't cooperating or following the guidelines in rehearsals. And he also said I wasn't taking my medication, which is so dumb because I've had the same lady every morning for the past eight years give me my same medication and I'm nowhere near these stupid people. It made no sense at all.

There was a week period where they — they were nice to me and they said, "I don't want to do —" And I told them, "I don't want to do the —" They, wait, no — they were nice to me. They said, if I don't want to do the new Vegas show, I don't have to cause I was getting really nervous. I said, "I can wait." It was like, they told me I could wait. It was like lifting literally 200 pounds off of me when they said I don't have to do the show anymore cause it was — I was really, really hard on myself and it was too much.

I couldn't take it anymore. So I remember telling my assistant, "But you know what, I feel weird if I say no. I feel like they're going to come back and be mean to me or punish me or something." Three days later, after I said no to Vegas, my therapist sat me down in a room and said he had a million phone calls about how I was not cooperating in rehearsals and I haven't been taking my medication. All of this was a false. He — he immediately the next day put me on lithium out of nowhere. He took me off my normal meds I'd been on for five years. And lithium is a very, very strong and completely different medication compared to what I was used to. You can go mentally impaired if you take too much, if you stay on it longer than five months. But he put me on that and I felt drunk. I really couldn't even take up for myself. I couldn't even have a conversation with my mom or dad really about anything. I told them I was scared and my doctor had me on — six different nurses with this new medication come to my home, stay with me to monitor me on this new medication, which I never wanted to be on to begin with.

There were six different nurse — nurses in my homes and they wouldn't let me get in my car to go anywhere for — for a month. Not only did my family not do a goddamn thing, my dad was all for it. Anything that happened to me had to be approved by my dad. And my dad only — he acted like he didn't know that I was told I had to be tested over the Christmas holidays before they sent me away when my kids went home to Louisiana. He was the one who approved all of it. My whole family did nothing. Over the two-week holiday, a lady came into my home for four hours a day, sat me down and did a psych test on me. It took forever, but I was — I was told I had to then — after that I got off — Wait.

I was told — I had to then after I got a phone call from my dad saying after I did the psych test with this lady, basically saying I had failed the test or whatever — whatever. "I'm sorry, Britney, you have to listen to your doctors. They are planning to send you to a small home in Beverly Hills to do a small rehab program that we're going to make up for you. You're gonna pay $60,000 a month for this."

I cried on the phone for an hour and he loved every minute of it. The control he had over someone as powerful as me as he loved the control to hurt his own daughter, 100,000%. He loved it.

I packed my bags and went to that place. I worked seven days a week, no days off — which in California, the only similar thing to this is called sex trafficking, making anyone work — work against their will. Taking all their possessions away — credit card, cash, phone, passport card — and placing them in a home where they — they work with the people who live with them. They offer — they all lived in the house with me, the nurses, the 24/7 security. There — there was one chef that came there and cooked for me daily during the weekdays. They watched me change every day, naked. Morning, noon and night. My body — I had no privacy door for my — for my room. I gave eight gallons of blood a week. If I didn't do any of my meetings and work from 8 to 6 at night — which is 10 hours a day, seven days a week, no days off — I wouldn't be able to see my kids or my boyfriend. I never had a say in my schedule. They always told me I had to do this. And ma'am, I will tell you, sitting in a chair 10 hours a day, seven days a week, it ain't fun. And especially when you can't walk out the front door.

And that's why I'm telling you this again two years later, after I've lied and told the whole world I'm OK and I'm happy. It's a lie. I thought I just — maybe I said that enough, maybe I might become happy because I've been in denial. I've been in shock. I am traumatized, you know, fake it till you make it. But now I'm telling you the truth, OK? I'm not happy. I can't sleep. I'm so angry. It's insane and I'm depressed. I cry every day. And the reason I'm telling you this is because I don't think how the state of California can have all this written in the court documents from the time I showed up and do absolutely nothing. Just hire — with my money — another person to keep — and keep my dad on board. Ma'am, my dad and anyone involved in this conservatorship and my management who played a huge role in punishing me when I said, "No, ma'am, they should be in jail." Their cruel tactics working for Miley Cyrus. If she smokes on joints and stage at the VMAs, nothing is ever done to this generation for doing wrong things. But my precious body, whose work for my dad for the past f***ing 13 years, trying to be so good and pretty. So perfect when he works me so hard, when I do everything I'm told, and the state of California allowed my ignorant father to take his own daughter, who only has a role with me if I work with him. They set back the whole course and allowed him to do that to me? That's given these people I've worked for way too much control.

They also threatened me and said if I don't go, then I have to go to court and it will be more embarrassing me if the judge publicly makes you go, "The evidence we have, you have to go." I was advised for my image. I need to go ahead and just go and get it over with. They said that to me. I don't — I don't even drink alcohol. I — I should drink alcohol, considering what they put my heart through.

Also, the Bridges Facility they sent me to none of the kids — I was doing this program for four months. So the last two months I went to a Bridges Facility. None of the kids there did the — did the program. They never showed up for any of them. You didn't have to do anything if you didn't want to. How come they always made me go? How come I was always threatened by my dad and anybody that persisted in this conservatorship? If I don't do this, what they tell me — enslave me to do, they're going to punish me. The last time I spoke to you about just keeping the conservatorship going and also keeping my dad in the loop made me feel like I was dead. Like I didn't matter. Like nothing had been done to to me. Like you thought I was lying or something. I'm telling you again, because I'm not lying. I want to feel heard and I'm telling you this again so maybe you can understand the depth and the degree and the damage that they did to me back then.

I want changes and I want changes going forward. I deserve changes. I was told I have to sit down and be evaluated — again — if I want to end the conservatorship. Ma'am, I didn't know I could petition the conservatorship to end it. I'm sorry for my ignorance, but I honestly didn't know that. But honestly, which I don't think I owe anyone to be evaluated. I've done more than enough. I don't feel like I should even be in a room with anyone to offend me by trying to question my capacity of intelligence, whether I need to be in this stupid conservatorship or not. I've done more than enough. I don't owe these people anything. Especially me, the one that is roofed and fed tons of people on tour on the road. It's embarrassing and demoralizing what I've been through. And that's the main reason I've never said it openly. And mainly I didn't want to say it openly because I honestly don't think anyone would believe me. To be honest with you, the Paris Hilton story on what they did to her, at that school, I didn't believe any of it. I'm sorry, I'm an outsider. And I'll just be honest, I didn't believe it. And maybe I'm wrong. And that's why I didn't want to say any of this to anybody, to the public, because people would make fun of me or laugh at me and say, "She's lying. She's got everything. She's Britney Spears." I'm not lying. I just want my life back. And it's been 13 years and it's enough.

It's been a long time since I've owned my money and it's my wish and my dream for all of this to end without being tested. Again, it makes no sense whatsoever for the state of California to sit back and literally watch me with their own two eyes, make a living for so many people and pay so many people — trucks and buses on tour on the road with me — and be told I'm not good enough. But I'm great at what I do. And I allow these people to control what I do, ma'am, and it's enough, it makes no sense at all. Now, going forward, I'm not willing to meet or see anyone. I've met with enough people against my will. I'm done. All I want is to own my money, for this to end, and my boyfriend to drive me in his f***ing car. And I would honestly like to sue my family, to be totally honest with you.

I also would like to be able to share my story with the world and what they did to me instead of it being a hush hush secret to benefit all of them. I want to be able to be heard on what they did to me by making me keep this in for so long is not good for my heart. I've been so angry and I cry every day. It concerns me I'm told I'm not allowed to expose the people who did this to me. For my sanity, I need you to the judge to approve me to do an interview where I can be heard and what they did to me. And actually, I have the right to use my voice and take up for myself. My attorney says I can't. It's not good. I can't let the public know anything they did to me. And by not saying anything is saying it's OK. I don't know what I said here. It's not OK. I would actually — I don't want to interview. I'd much rather just have an open call to you for the press to hear, which I didn't know today we're doing, so thank you.

Instead of having an interview, honestly, I need that to get it off my heart. The anger and all of it. That — that — that's — that's been happening. It's not fair they're telling me lies about me openly. Even my family. They do interviews to anyone they want on news stations, my own family doing interviews and talking about the situation and making me feel so stupid. And I can't say one thing. And my own people say I can't say anything. It's been two years. I want a recorded call to you — actually, we're doing this now, which I didn't know that we were doing this — until the public knows what they did me. I told my — I know my lawyer Sam has been very scared for me to go forward because he's saying if I speak up, I'm being overworked in that facility, that rehab place that the rehab place will see me. He told me I should keep it to myself. I would personally like to — actually, I know I've had grown with a personal relationship with Sam, my lawyer. I've been talking to him like three times a week now. We've kind of built a relationship, but I haven't really had the opportunity by my own self to actually handpick my own lawyer by myself. And I would like to be able to do that.

I would like to also — the main reason why I'm here is because I want to end the conservatorship without having to be evaluated. I've done a lot of research, ma'am, and there is a lot of judges who do end conservatorships for people without them having to be evaluated all the time. The only times they don't is if a concerned family member says something's wrong with this person and consider an other — otherwise. And considering my family has lived off of my conservatorship for 13 years, I won't be surprised if one of them has has something to say. Go forward and say, "We don't think this should end. We have to help her." Especially if I get my fair serve and turn in exposing what they did to me. Also I want to speak to you about at the moment my obligations, which I personally don't think at the very moment, I owe anybody anything.

I have three meetings a week I have to attend no matter what. I just don't like feeling like I work for the people whom I pay. I don't like being told I have to, no matter what, even if I'm sick, Jodi, the conservator says I have to see my Coach Ken even when I'm sick. I would like to do one meeting a week with a therapist. I've never in — before — even before they sent me to that place, had two therapy sessions. A therapy, one, a therapy session and one therapy session with my — I have a doctor and then a therapy person. What I've been forced to do illegal in my life, I shouldn't be told I have to be available three times a week to these people I don't know.

I'm talking to you today because I feel again, yes, even Jodi is starting to kind of take it too far with me. They have me going to therapy twice a week and a psychiatrist. I've never in the past had — they had me going yeah, twice a week and my doctor goal. So that's three times a week. I've never in the past went to see a therapist more than once a week. It takes too much out of me going to this man I don't know. Number one, I'm scared of people. I don't trust people with what I've been through. And the clever set up of being in what's like, one of the most exposed places in Westlake, which today — yesterday paparazzi showed me coming out of the place, literally crying in there. It's embarrassing and it's demoralizing. I deserve privacy when I go. I deserve privacy when I go and have therapy either at my home, like I've done for eight years — they've always come to my home — or when the Dr. Benson, the guy — the man that died — I went to a place similar to what I went to in Westlake, which was very exposed and really bad. OK, so wait, where was I? It was like, it was identical to Dr. Benson who died. The one who illegally — yes, 100% — abused me by the treatment he gave me to. And to be totally honest with you, I was so —

Penny: Ms. Spears, excuse me for interrupting you. But my reporter says if you could just slow down a little bit because she's trying to make sure she gets everything that you're saying.

Spears: OK, cool.

Penny: And so if you just —.

Spears: OK.

Penny: So that would be great.

Spears: I have been through — and the clever set up in Westlake is identical to Dr. Benson who died, the one who illegally — yes, 100% — abused me by the treatment he gave me. And to be totally honest with you, when he passed away, I got on my knees and thanked God. In other words, my team is pushing — pushing it with me again. I have trapped phobias being in small rooms because the trauma locked me up for four months in that place is not OK for them to send me — sorry, I'm going fast — to that small room like that twice a week with another new therapist I pay that I never even approved. I don't like it. I don't want to do that. And I haven't done anything wrong to deserve this treatment. It's not OK to force me to do anything I don't want to do. By law — by law, Jodi and this so-called team should honestly — I should be able to sue them for threatening me and saying if I don't go and do these meetings twice a week, we — we can't let you have your money and go to Maui on your vacations. You have to do what you're told for this program and then you will be able to go.

But it was very clever. They picked one of the most exposed places in Westlake knowing I have the hot topic of the conservatorship, that over five paparazzi are going to show up and get me crying coming out of that place. I begged them to make sure that they did this at my home so I would have privacy. I deserve privacy. The whole conservatorship from the beginning — once — the conservatorship — the conservatorship from the beginning, once you see someone, whoever it is in the conservatorship, making money, making them money and myself money and working, that whole, that whole statement right there, the conservatorship should end. There should be no — I shouldn't be in a conservatorship if I can work and provide money and work for myself and pay other people. It makes no sense. The laws need to change. What state allows people to own another person's money and account and threaten them and saying, "You can't spend your money unless you do what we want you to do." And I'm paying them.

Ma'am, I've worked since I was 17 years old. You have to understand how thin that is for me. Every morning I get up to know, I can't go on somewhere unless I meet people I don't know every week in an office identical to the one where the therapist was very abusive to me. I truly believe this conservatorship is abusive. And now we can sit here all day and say, "Oh, conservatorships are here to help people." But ma'am, there's a thousand conservatorships that are abusive as well. I don't feel like I can live a full life. I don't — I don't owe them to go see a man I don't know and share him my problems. I don't even believe in therapy. I always think you take it to God.

I want to end the conservatorship without being evaluated. In the meantime, I want this therapist once a week. He can either come to my home — no, I just want him to come to my home. I'm not willing to go to Westlake and be embarrassed by all these paparazzi, these scummy paparazzi laughing at my faces while I'm crying, coming out and taking my pictures as all these white, nice dinners where people drinking wine at restaurants, watching me from these places.

They set me up by sending me to the most exposed places, places. And I told them I didn't want to go there because I knew paparazzi would show up there. They only gave me two options for therapist, and I'm not sure how you make your decisions, ma'am, but this is the only chance for me to talk to you for a while. I need your your help. So if you can just kind of let me know where your head is, I don't really honestly know what to say, but my requests just are to end the conservatorship without being evaluated. I want to petition, basically, to end the conservatorship, but I want to — I want it to be petitioned. And if I don't want to be evaluated, to be sat in a room with people for hours a day like they did me before, and they made it even worse for me after that happened.

So I just — I'm honestly new at this and I'm doing research on all these things. I do know common sense and the method that things can end, it — for people, it has ended without them being evaluated. So I just want you to take that into consider — consideration. I've also done research and wait — also took a year during COVID to get me any self-care methods during COVID. She said there were no services available. She's lying, ma'am. My mom went to the spa twice in Louisiana during COVID. For a year, I didn't have my nails done. No hair styling and no massages, no acupuncture, nothing. For a year. I saw the maids in my home each week with their nails done different each time. She made me feel like my dad does — very similar, her behavior. And my dad, but just a different dynamic. Team wants me to work and stay home instead of having longer vacations. They — they are used to me sort of doing a weekly routine for them and I'm over it. I don't feel like I owe them anything at this point. They need to be reminded they actually work for me. They trick me by sending me to the — OK, I repeated myself there. OK.

Also, I was supposed to be able to have a friend that I used to do AA meetings with. I did AA for two years, I have like, you know — I did three meetings a week and met a bunch of women there. And I'm not able to see my friends that live eight minutes away from me, which I find extremely strange. I feel like they're making me feel like I live in a rehab program. This is my home. I'd like for my boyfriend to be able to drive me in his car. And I want to meet with the therapist once a week, not twice a week. And I want him to come to my home because I actually know I do need a little therapy.

I was told, hold on — I think that's — oh, and I would like to progressively move forward and I want to have the real deal. I want to be able to get married and have a baby. I was told right now in the conservatorship, I'm not able to get married or have a baby. I have an IUD inside of myself right now, so I don't get pregnant. I wanted to take the IUD out so I could start trying to have another baby. But this so-called team won't let me go to the doctor to take it out because they they don't want me to have children — any more children.

So basically this conservatorship is doing me way more harm than good. I — I deserve to have a life. I've worked my whole life. I deserve to have a two- to three-year break and just, you know, do what I want to do. But I do feel like there is a crutch here and I feel like I feel open and I'm OK to talk to you today about it. But I — I wish I could stay with you on the phone forever, because when I get off the phone with you, all of a sudden all I hear — I hear all these no's. No, no, no. And then all of a sudden I get — I feel ganged up on and I feel bullied and I feel left out and alone. And I'm tired of feeling alone. I deserve to have the same rights as anybody does by having a child, a family, any of those things. And more so. And that's all I wanted to say to you. And thank you so much for letting me speak to you today.

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New Jersey Prisoners Will Be Placed Based On Gender Identity Under A New Policy

Sonia Doe, pictured here, reached a settlement with the New Jersey Department of Corrections that will make it standard for the state to assign jail stays to a person based on their gender identity, not the sex assigned at birth.; Credit: /The ACLU New Jersey

Jaclyn Diaz | NPR

For 18 months, Sonia Doe faced humiliating strip searches in front of male guards. Male prisoners exposed themselves to her. She faced sexual harassment, discrimination and physical threats from corrections officers and inmates alike.

Doe, who is transgender, has lived her life publicly as a woman since 2003. Yet, Doe — a pseudonym used for her lawsuit — was transported to four different men's prisons across New Jersey from March 2018 to August 2019.

It took a lawsuit filed that August for Doe to finally be transported to a woman's prison weeks later.

As part of the settlement for that lawsuit Tuesday, the New Jersey Department of Corrections will now make it customary for prisoners who identify as transgender, intersex or nonbinary to be assigned a jail stay in line with their gender identity — not with the sex they were assigned at birth.

Tuesday's news marks a major policy shift for the New Jersey Department of Corrections.

Research has shown that transgender inmates face particular danger while in prison, but few states offer them protections like these. Connecticut and California passed laws in 2018 and 2020, respectively, that require transgender inmates to be assigned prisons based on their gender identity. Rhode Island, New York City and Massachusetts also have housed inmates based on their gender identity.

"When I was forced to live in men's prisons, I was terrified I wouldn't make it out alive. Those memories still haunt me," Doe said in a statement announcing the settlement. "Though I still have nightmares about that time, it's a relief to know that as a result of my experience the NJDOC has adopted substantial policy changes so no person should be subjected to the horrors I survived."

Doe faced harassment, discrimination and abuse

According to court documents reviewed by NPR, Doe was placed in men's prisons in spite of the state's Department of Corrections knowing she was a transgender woman.

Clear documentation, including her driver's license, showed her gender identity, but Doe was still forced to remain in men's prisons. In addition to facing physical assaults and verbal and sexual harassment in prison, she was also forced to remain in solitary confinement for long stretches.

Corrections staff would refer to her as a man and address her using male pronouns, according to her complaint. She also was denied gender-appropriate clothing items and had difficulty receiving her hormone therapy regularly and on time.

The settlement forces agency-wide changes

The new policy will require staff to use appropriate pronouns, and prohibits harassment and discrimination based on gender identity.

As part of the settlement in the Doe case, all New Jersey state corrections officers, regardless of rank or facility, will have to sign an acknowledgement that they have read the policy. The agency also will provide targeted training on the changes.

The Department of Corrections also said it would guarantee gender-affirming undergarments, clothing, and other property for the inmates. Medical and mental health treatment, including gender-affirming care, also will be provided "as medically appropriate."

Inmates who are transgender also will be given the opportunity to shower separately and won't have to go through a strip searches or pat downs by an officer of the opposite sex.

"The settlement of this lawsuit puts in place systemic, far-reaching policy changes to recognize and respect the gender identity of people in prison," said Tess Borden, ACLU-NJ Staff Attorney. ACLU New Jersey represented Doe along with Robyn Gigl of Gluck Walrath LLP.

As part of the settlement, the New Jersey Department of Corrections have agreed to pay Doe $125,000 in damages and $45,000 in separate attorney's fees.

Longstanding issues at New Jersey prisons

Doe was not the only transgender inmate who has faced frightening treatment in New Jersey prisons.

Rae Rollins, a transgender woman, filed a lawsuit in March saying she was one of several inmates attacked by corrections officers earlier this year at the scandal-plagued Edna Mahan Correctional Facility for Women. In January, several women were severely beaten by corrections officers at that facility. Ten correctional police officers have been charged in connection to the alleged beatings of prisoners.

Rollins sought a transfer to a different women's prison after the incident, but was moved to a men's prison instead. Rollins has since been moved to an out-of-state prison, according to the state's records.

Earlier this month, New Jersey's embattled corrections commissioner announced his resignation from his post — a day after Gov. Phil Murphy said the state would close the Edna Mahan Correctional Facility.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




b

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b

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b

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b

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b

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b

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b

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b

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b

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b

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b

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b

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b

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b

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b

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b

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