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Bill Would Punish Schools that Prevent Display of US Flag
CNSNews ^ | May 02, 2006 | Melanie Hunter

Posted on 05/03/2006 11:54:49 AM PDT by 300magnum

A North Carolina lawmaker introduced a bill Tuesday that would prohibit a school from receiving federal funds if it prevents a student from displaying or wearing a representation of the U.S. flag in a respectful manner.

Rep. Walter Jones (R-N.C.) introduced H.R. 5255, also known as the American Flag Display Protection Act, after recent reports of several schools in California, Arizona and Colorado banning the display of U.S. flags or the wearing of clothes with other patriotic symbols in reaction to clashes between students regarding the debate over immigration.

"The most important symbol of any Nation is the national flag," Jones said in a press release. "Since ancient times, flags or banners have served to identify and unify groups of people, especially in times of war."

In April, a Denver newspaper reported that several students in Shaw Heights Middle School were given one-day suspensions after wearing U.S. Marines t-shirts or shirts with U.S. flags. Also, another student at a middle school was suspended for a D.A.R.E. program shirt that had a flag behind the logo.

"Throughout our Nation, the American flag is displayed in classrooms and school hallways," said Jones. "The display of the American flag by students should be afforded an extraordinary level of protection - and should by no means be equated with the treatment of those who choose to display the flag of foreign powers.

"School officials in this country who prohibit students from wearing or displaying the United States flag in a respectful manner should not do so without consequence," concluded Jones.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: North Carolina
KEYWORDS: 109th; flagwaving; hr5255; oldglory; walterjones

1 posted on 05/03/2006 11:54:52 AM PDT by 300magnum
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To: 300magnum

Yep, that is our biggest problem here in NC. Glad someone is looking our for us.


2 posted on 05/03/2006 11:55:27 AM PDT by mlc9852
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To: mlc9852

Isnt he the idiot who blocking the 93 monument? What a buffoon


3 posted on 05/03/2006 11:56:10 AM PDT by skaterboy
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To: skaterboy
Isnt he the idiot who blocking the 93 monument? What a buffoon

If you are talking about the red crescent designed monument, it should be SHI*CANNED.

4 posted on 05/03/2006 12:00:00 PM PDT by Mark was here (How can they be called "Homeless" if their home is a field?.)
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To: 300magnum

Hes got my vote.


5 posted on 05/03/2006 12:00:52 PM PDT by HOTTIEBOY (AIXELSYD TAEB I)
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To: 300magnum
It's called (among other things) ACLU
6 posted on 05/03/2006 12:05:06 PM PDT by yoe (Aim low boys, they're riding Burros.........................)
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To: skaterboy

No. You are thinking of our Congressman, Charles Taylor. He said he is concerned about funding for the monument and he's on the appropriations committee.

But if it has that crescent, I don't want it.


7 posted on 05/03/2006 12:05:52 PM PDT by mlc9852
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To: skaterboy
Isnt he the idiot who blocking the 93 monument? What a buffoon

That "monument" was nothing more than a tribute to Islam. Might as well set up a mosque too while we're at it. Whoever designed it was smoking crack.

8 posted on 05/03/2006 12:07:14 PM PDT by Extremely Extreme Extremist (FR's most controversial FReeper)
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To: 300magnum

Yea, Mr Freedom Fries himself. Don't let him fool you...

http://profiles.numbersusa.com/improfile.php3?DistSend=NC&VIPID=484


9 posted on 05/03/2006 12:07:59 PM PDT by ncObserver
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To: 300magnum

Oh, goody. More federal carrot-and-stick legislation.

There shouldn't even BE any federal funding for schools. But, since there is, Congress is free to use it as a club to beat dependents into submission.


10 posted on 05/03/2006 12:10:37 PM PDT by newgeezer (Just my opinion, of course. Your mileage may vary.)
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To: 300magnum

Taking money away from the schools is not a meaningful punishment. How about taking money out of the paychecks of principals and other school officials (via fines)who are responsible for giving students suspensions? Hit them in the pocket book and see if they don't suddenly develop a patriotic 'tude.


11 posted on 05/03/2006 12:11:22 PM PDT by looois
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To: mlc9852

I'm sure he's doing other things besides this.


12 posted on 05/03/2006 12:21:06 PM PDT by Theo
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To: 300magnum

"Throughout our Nation, the American flag is displayed in classrooms and school hallways," said Jones. "The display of the American flag by students should be afforded an extraordinary level of protection - and should by no means be equated with the treatment of those who choose to display the flag of foreign powers.

"School officials in this country who prohibit students from wearing or displaying the United States flag in a respectful manner should not do so without consequence," concluded Jones.


13 posted on 05/03/2006 12:34:55 PM PDT by swmobuffalo (The only good terrorist is a dead terrorist.)
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To: skaterboy

Anyone who supports the United 93 trophy to Islam is a buffoon. But what has that got to do with flying the flag on public property?


14 posted on 05/03/2006 12:45:19 PM PDT by TaxRelief (Wal-Mart: Keeping my family on-budget since 1993.)
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To: swmobuffalo

15 posted on 05/03/2006 12:50:21 PM PDT by 300magnum (We know that if evil is not confronted, it gains in strength and audacity, and returns to strike us)
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To: mlc9852

I'm glad too.


16 posted on 05/03/2006 1:39:18 PM PDT by moog
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To: swmobuffalo

Throughout our Nation, the American flag is displayed in classrooms and school hallways," said Jones. "The display of the American flag by students should be afforded an extraordinary level of protection - and should by no means be equated with the treatment of those who choose to display the flag of foreign powers.

"School officials in this country who prohibit students from wearing or displaying the United States flag in a respectful manner should not do so without consequence," concluded Jones.

In our high schools here, many of them have "freedom" monuments with flags and such. They're pretty impressive displays. Now, this organization is pushng for that type of thing to go into the elementaries too that will feature information about the founding fathers and how we got our freedoms as well as learning materials. I think it's WONDERFUL as a teacher--it'll go right with our curriculum. It's been supported in pretty much every school that I know of too. I appreciate organizations like this doing something so constructive.


17 posted on 05/03/2006 1:42:07 PM PDT by moog
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To: mlc9852
Yep, that is our biggest problem here in NC. Glad someone is looking our for us.

There are a lot of congressmen and women working on a lot of problems (and non-problems, but that's a different story). I'm sure the gears in DC aren't going to grind to a halt because your congressman submitted this bill.

18 posted on 05/03/2006 1:54:00 PM PDT by randog (What the...?!)
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To: randog

Okay. I feel better now.


19 posted on 05/03/2006 1:56:47 PM PDT by mlc9852
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To: 300magnum

We already have such a rule...it's called the First Ammendment.

If the First Ammendment can be used to burn them, it should be used to fly them.


20 posted on 05/03/2006 2:07:25 PM PDT by Military family member (GO Colts!!)
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To: Military family member

Unfortunately, because the liberals who run the schools have their own agenda and will persecute anyone who doesn't meet that agenda unless EVERYTHING is spelled out specifically in the law, something like this is necessary.


21 posted on 05/03/2006 2:16:26 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr

Again, it is spelled out and the Supreme Court has even ruled on this.


22 posted on 05/03/2006 4:51:15 PM PDT by Military family member (GO Colts!!)
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To: Military family member

Citation, please. They've ruled about recruiters, but nothing about a student displaying an American flag in a respectful manner that I know of. They've said lots about doing it disrespectfully.


23 posted on 05/03/2006 5:36:15 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
This is taken from "Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment", Updated June 4, 2003 by John Luckey, Legislative Attorney, American Law Division Texas v. Johnson In Texas v. Johnson, the majority of the Court held that Johnson’s conviction for flag desecration, under a Texas statute, was inconsistent with the First Amendment and affirmed the decision of the Texas Court of Criminal Appeals that held that Johnson could not be punished for burning the flag as part of a public demonstration.

The opinion outlined the questions to be addressed in a case where First Amendment protection is sought for conduct rather than pure speech. First, the Court must determine if the conduct in question is expressive conduct. If the answer is yes, then the First Amendment may be invoked, and the second question must be answered. The second question is whether the state regulation of the conduct is related to the suppression of expression. The answer to this question determines the standard which will be utilized in judging the appropriateness of the state regulation.

The test of whether conduct is deemed expressive conduct sufficient to bring the First Amendment into play is whether an intent to convey a particularized message was present, and whether the likelihood was great that the message would be understood by those who viewed it.26 The opinion emphasizes the communicative nature of flags as previously recognized by the Court,27 but states that not all action taken with respect to the flag is automatically expressive. The context in which the conduct occurred must be examined.28 The majority found that Johnson’s conduct met this test. The burning of the flag was the culmination of a political demonstration. It was intentionally expressive, and its meaning was overwhelmingly apparent. In these circumstances the burning of the flag was conduct “sufficiently imbued with elements of communication” to implicate the First Amendment.

This Ruling says that any demonstration using the flag isw protectred as free speech. The First Ammendment does not discriminate between good and bad forms of expression.

24 posted on 05/03/2006 7:51:14 PM PDT by Military family member (GO Colts!!)
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To: Military family member

That's all fine and good, but the liberals will point to the fact that it does not specifically state that students cannot be penalized for displaying an American flag in a respectful manner while at school. When confronted with this ruling, they will say that because it is not specific, it is open for interpretation.

Liberals of this type must have it specifically spelled out for them in the law, not just a judicial decision, with no wiggle room whatsoever.


25 posted on 05/03/2006 7:57:07 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr
This ruling sets a precedent. Simply apply the existing law. Give the liberals a new law to toy with only gums up the works.

We don't need new laws; we need the application ofthe existing laws.

26 posted on 05/03/2006 8:09:49 PM PDT by Military family member (GO Colts!!)
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To: Spktyr

I agree that it's not a bad thing. Check out my reply in 17. It's funny or maybe expected I guess, that I didn't get any replies to it--guess it's not negative enough.


27 posted on 05/03/2006 8:43:24 PM PDT by moog
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To: Constitution Day; TaxRelief; 100%FEDUP; 2ndMostConservativeBrdMember; ~Vor~; A2J; a4drvr; Adder; ...

NC *Ping*

Please FRmail Constitution Day OR TaxRelief OR Alia if you want to be added to or removed from this North Carolina ping list.
28 posted on 05/04/2006 3:52:34 AM PDT by Alia
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To: 300magnum

It's nice to see that ole wally smartened up after the way he stepped on his johnson during the coward murtha vote last fall.


29 posted on 05/04/2006 9:34:17 AM PDT by jmaroneps37 (Everyday brings a new reason to distrust Hillary Clinton.)
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To: moog
In our high schools here, many of them have "freedom" monuments with flags and such. They're pretty impressive displays. Now, this organization is pushng for that type of thing to go into the elementaries too that will feature information about the founding fathers and how we got our freedoms as well as learning materials. I think it's WONDERFUL as a teacher--it'll go right with our curriculum. It's been supported in pretty much every school that I know of too. I appreciate organizations like this doing something so constructive.

Moog, I think that's a great idea! I thought many schools used to have such things?

Seems to me it would be a nice idea if all schools in the United States had such a thing. I'm very proud of your district!

30 posted on 05/04/2006 2:21:07 PM PDT by Amelia (Education exists to overcome ignorance, not validate it.)
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To: skaterboy
Isnt he the idiot who blocking the 93 monument? What a buffoon

That's a different idiot. Jones is the idiot who has joined the John Murtha Cut and Run Brigade on Iraq. It is an election year - guess he felt it was time to get some easy pander time in.

31 posted on 05/04/2006 2:25:08 PM PDT by CFC__VRWC
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To: Amelia

There's some pretty impressive displays. I can't wait to see what ours for our school will look like.


32 posted on 05/04/2006 3:33:38 PM PDT by moog
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To: moog
We had a really nice program for Constitution Day last year.

Also several displays honoring family members deployed to Iraq and our servicepeople in general.

33 posted on 05/04/2006 4:04:30 PM PDT by Amelia (Education exists to overcome ignorance, not validate it.)
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To: Amelia

We had a really nice program for Constitution Day last year.
Also several displays honoring family members deployed to Iraq and our servicepeople in general.

Bet that will never make the national news or be posted here. That's WONDERFUL!! It's something that needs to be done more often. We have a Constitution Celebration in our town. Back home, Veterans' Day is really a big deal in the schools and they have programs along the same lines as above. I'm hoping to make it a big deal next year as I think that people should be made more aware of it (I'm talking about for the area and people in general here, not confined to schools). I plan on contacting my legislative reps here on it.


34 posted on 05/04/2006 4:09:54 PM PDT by moog
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To: skaterboy
Perhaps you could provide the Constitutional basis where tax dollars should be wasted on monuments of any sort.

"The most important symbol of any Nation is the national flag," Jones said in a press release. "Since ancient times, flags or banners have served to identify and unify groups of people, especially in times of war."

And we're all about protecting symbols aren't we Walt? From the man who gave us 'freedom' fries. Forget substance, we need our symbols.

35 posted on 05/04/2006 4:14:47 PM PDT by billbears (Those who do not remember the past are condemned to repeat it. --Santayana)
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To: moog
Bet that will never make the national news or be posted here.

Bad news is so much more fun. ;-)

36 posted on 05/04/2006 5:55:17 PM PDT by Amelia (Education exists to overcome ignorance, not validate it.)
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To: Amelia

Bad news is so much more fun. ;-)

I guess subtraction is more fun than addition.


37 posted on 05/04/2006 5:58:37 PM PDT by moog
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