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Thread: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

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    Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Don't you just love the putrid smell of multiculturalism rotting out in the fields? American flags are now seen as a divisive symbol at American public schools:


    Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. . . .

    At least one party to this appeal, student M.D., wore American flag clothing to school on Cinco de Mayo 2009. M.D. was approached by a male student who, in the words of the district court, “shoved a Mexican flag at him and said something in Spanish expressing anger at [M.D.’s] clothing.

    In the aftermath of the students’ departure from school, they received numerous threats from other students. D.G. was threatened by text message on May 6, and the same afternoon, received a threatening phone call from a caller saying he was outside of D.G.’s home. D.M. and M.D. were likewise threatened with violence, and a student at Live Oak overheard a group of classmates saying that some gang members would come down from San Jose to “take care of” the students. Because of these threats, the students did not go to school on May 7.

    We hold that school officials, namely Rodriguez, did not act unconstitutionally, under either the First Amendment or Article I, § 2(a) of the California Constitution, in asking students to turn their shirts inside out, remove them, or leave school for the day with an excused absence in order to prevent substantial disruption or violence at school.

    This is a classic “heckler’s veto” — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence. “Heckler’s vetoes” are generally not allowed under First Amendment law; the government should generally protect the speaker and threaten to arrest the thugs, not suppress the speaker’s speech. But under Tinker‘s “forecast substantial disruption” test, such a heckler’s veto is indeed allowed.

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Quote Originally Posted by RiverDad View Post
    Don't you just love the putrid smell of multiculturalism rotting out in the fields? American flags are now seen as a divisive symbol at American public schools:


    Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. . . .

    At least one party to this appeal, student M.D., wore American flag clothing to school on Cinco de Mayo 2009. M.D. was approached by a male student who, in the words of the district court, “shoved a Mexican flag at him and said something in Spanish expressing anger at [M.D.’s] clothing.

    In the aftermath of the students’ departure from school, they received numerous threats from other students. D.G. was threatened by text message on May 6, and the same afternoon, received a threatening phone call from a caller saying he was outside of D.G.’s home. D.M. and M.D. were likewise threatened with violence, and a student at Live Oak overheard a group of classmates saying that some gang members would come down from San Jose to “take care of” the students. Because of these threats, the students did not go to school on May 7.

    We hold that school officials, namely Rodriguez, did not act unconstitutionally, under either the First Amendment or Article I, § 2(a) of the California Constitution, in asking students to turn their shirts inside out, remove them, or leave school for the day with an excused absence in order to prevent substantial disruption or violence at school.

    This is a classic “heckler’s veto” — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence. “Heckler’s vetoes” are generally not allowed under First Amendment law; the government should generally protect the speaker and threaten to arrest the thugs, not suppress the speaker’s speech. But under Tinker‘s “forecast substantial disruption” test, such a heckler’s veto is indeed allowed.
    For English, press 5

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Quote Originally Posted by RiverDad View Post
    Don't you just love the putrid smell of multiculturalism rotting out in the fields? American flags are now seen as a divisive symbol at American public schools:


    Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. . . .

    At least one party to this appeal, student M.D., wore American flag clothing to school on Cinco de Mayo 2009. M.D. was approached by a male student who, in the words of the district court, “shoved a Mexican flag at him and said something in Spanish expressing anger at [M.D.’s] clothing.

    In the aftermath of the students’ departure from school, they received numerous threats from other students. D.G. was threatened by text message on May 6, and the same afternoon, received a threatening phone call from a caller saying he was outside of D.G.’s home. D.M. and M.D. were likewise threatened with violence, and a student at Live Oak overheard a group of classmates saying that some gang members would come down from San Jose to “take care of” the students. Because of these threats, the students did not go to school on May 7.

    We hold that school officials, namely Rodriguez, did not act unconstitutionally, under either the First Amendment or Article I, § 2(a) of the California Constitution, in asking students to turn their shirts inside out, remove them, or leave school for the day with an excused absence in order to prevent substantial disruption or violence at school.

    This is a classic “heckler’s veto” — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence. “Heckler’s vetoes” are generally not allowed under First Amendment law; the government should generally protect the speaker and threaten to arrest the thugs, not suppress the speaker’s speech. But under Tinker‘s “forecast substantial disruption” test, such a heckler’s veto is indeed allowed.
    I would however, put the wearing the American flag on a day to celebrate Mexican heritage was either stupid or intended to get the response it did. Acting to prevent a race war from breaking out may not have been the worst idea in the world.


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Quote Originally Posted by rocket88 View Post
    I would however, put the wearing the American flag on a day to celebrate Mexican heritage was either stupid or intended to get the response it did. Acting to prevent a race war from breaking out may not have been the worst idea in the world.
    I think you misunderstand. This wasn't about American students crossing the border into Mexico and trying to disrupt a Mexican school's celebration of Cinco de Mayo. This happened in the US, you know, where ALL citizens should be proud of being American.

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Doesn't wearing a flag as clothing violate the flag code?
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Cinco de Mayo should be an American celebration as well as a Mexican one. The students should have been taught what the occasion was all about, then perhaps the juvenile attempt at jingoism could have been avoided.

    Napoleon III of France invaded Mexico with the intention of taking it over and then invading the USA from that platform. Since we were in the midst of the Civil war at the time, his plan had a pretty good chance of success.

    The French were defeated by Benito Juarez and his forces at the Battle of Puebla on the 5 of May, which is what the day commemorates.

    Obviously, some students saw it as some sort of intrusion of Mexican culture into the "real America" or some such nonsense. Mexico and the USA should celebrate that date together.
    "Donald Trump is a phony, a fraud... [he's] playing the American public for suckers." Mitt Romney

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Quote Originally Posted by RiverDad View Post
    I think you misunderstand. This wasn't about American students crossing the border into Mexico and trying to disrupt a Mexican school's celebration of Cinco de Mayo. This happened in the US, you know, where ALL citizens should be proud of being American.
    You can be proud of both.


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
    Quote Originally Posted by Oborosen View Post
    Too bad we have to observe human rights.

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    I've found that 90 percent of Mexican-Americans don't even know what Cinco de Mayo actually is.

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    I drank a fifth of mayonnaise once to wash down a nasty taco.
    It's nothing more than X's and O's.

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    Re: Court Rules Schools Allowed To Ban American Flag In Order To Make Schools Safer

    Quote Originally Posted by Erod View Post
    I've found that 90 percent of Mexican-Americans don't even know what Cinco de Mayo actually is.
    I have no doubt that is accurate. Most likely, at least that many other Americans don't know what it is either.
    "Donald Trump is a phony, a fraud... [he's] playing the American public for suckers." Mitt Romney

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