President Joe Biden’s judicial nominee for a vacancy on the Second Circuit Court of Appeals is a diversity trainer who argued for expanding a First Amendment exemption.
Maria Araujo Kahn, an associate justice in the Connecticut Supreme Court, said in a 2020 opinion the “fighting words” exception to the First Amendment should be expanded to account for certain groups having to endure more offensive speech. (RELATED: Diversity Officers Pink Slipped Like Never Before During Black History Month)
SCOOP: President Joe Biden’s nominee to fill a vacancy on the Second Circuit Court of Appeals is a longtime diversity trainer who has argued for curtailing the First Amendment and conducted training sessions that say “microaggressions” can “kill you.” 🧵https://t.co/zojgMUCAk4
— Aaron Sibarium (@aaronsibarium) February 24, 2023
The fighting words exemption narrowly applies to speech likely to incite a violent reaction from an ordinary citizen, and it takes into consideration the personal attributes of the speaker. Under existing fighting words criteria, certain groups “must endure a higher level of offensive speech before being afforded legal remedies,” Kahn wrote.
Kahn has conducted at least 12 diversity training sessions about topics such as “microaggressions” and “cultural competence,” the Washington Free Beacon reported. In one session with Fordham Law School graduates, Kahn compared “microaggressions” to lethal mosquitoes sucking a person dry.
“Some mosquitoes carry truly threatening diseases that can mess up your life for years,” a cartoon voice-over says. “And other mosquitos carry strains that can even kill you.” The video proceeds to show a mosquito holding a gun next to a dead body.
The Senate Judiciary Committee will vote on her nomination in the coming weeks. She managed to avoid tough questions from the committee during an initial hearing in September.