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When are controversial actions free speech? Depends on which flag is flying
Minneapolis Star Tribune ^ | June 9, 2008 | KATHERINE KERSTEN

Posted on 06/09/2008 7:53:17 PM PDT by rhema

Two controversies involving schools, kids and flags have made recent news in Minnesota. But the cases had radically different outcomes.

The first occurred in May at Dilworth-Glyndon-Felton Junior High. Four eighth-graders refused to stand while the rest of their class recited the Pledge of Allegiance to the American flag. The kids got one-day, in-school suspensions. But school officials lifted the suspensions immediately after the American Civil Liberties Union of Minnesota fired off a letter pronouncing that the First Amendment protected the students' conduct.

The ACLU's letter warned of dark consequences for school officials who had violated the eighth-graders' free-expression rights. Teachers could be sued personally. School authorities should apologize to students. The ACLU cited soaring language from First Amendment court cases: "Freedom to differ is not limited to things that do not matter much. ... The test of its substance is the right to differ as to things that touch the heart of the existing order."

Let's turn now to the second incident, last week at Bloomington Kennedy High School. Three seniors arrived on the last day of school in trucks flying the Confederate flag. They said they were Dukes of Hazzard fans, celebrating the Southern lifestyle.

Kennedy officials suspended the students for three days, barring them from their graduation ceremony.

Again the ACLU weighed in -- but this time with a helpless shrug. Any challenge to the school's action would have a "very, very slim" chance of succeeding, the organization's leader told the Star Tribune.

Why was the sacred "right to differ" suddenly, well, gone with the wind? Chuck Samuelson, executive director of the ACLU of Minnesota, says courts have held the First Amendment doesn't protect student speech that is judged to be "a material disruption of the educational process." That means Kennedy officials can decide that "at this

(Excerpt) Read more at startribune.com ...


TOPICS: Culture/Society; Editorial; US: Minnesota
KEYWORDS: aclu; dixie; firstamendment; pc; tolerance

1 posted on 06/09/2008 7:53:18 PM PDT by rhema
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To: Caleb1411; MplsSteve
ACLU: Whimperers 'R' Us when conservatives' free speech is shackled. When it's liberals' speech rights under the gun, they're The Mice That Roared.

The reasoning on display here opens the door to political correctness ruling the day. At Dilworth, the kids were disrespecting the flag and stiffing the establishment -- classic '60s New Left stuff -- so they get a halo. At Kennedy, on the other hand, NASCAR-type, Dukes of Hazzard kids get the ax, with the ACLU's whimpering acquiescence.

2 posted on 06/09/2008 7:58:26 PM PDT by rhema ("Break the conventions; keep the commandments." -- G. K. Chesterton)
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To: rhema

We have become a land of non-confrontational wussys. Not the land my father fought for on D-day. ;-(


3 posted on 06/09/2008 8:03:57 PM PDT by doc1019 (I was taught to respect my elders, but it's getting harder to find one.)
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To: rhema

It would be interesting to see if the ACLU would defend the students flying the Confederate flag if the students were claiming they were trying to make a political statement .


4 posted on 06/09/2008 8:10:40 PM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know)
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To: rhema

Junior high kids MUST conform to the rules of the school or anarchy will prevail. They probably think they are hot stuff for making the school back down.

The aclu is a bunch of commies who pick and choose their battles to further their cause of integrating socialism.

Any action that defends American values is uncontested.

So the ACLU does not defend the Constitution. They obstruct the Constitution.


5 posted on 06/09/2008 8:12:35 PM PDT by o_zarkman44 (No Bull in 08!)
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To: rhema

Seems to be a race in this country between the ACLU and the ROP (not that there is much difference).


6 posted on 06/09/2008 8:16:49 PM PDT by doc1019 (I was taught to respect my elders, but it's getting harder to find one.)
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To: doc1019
We have become a land of non-confrontational wussys. Not the land my father fought for on D-day. ;-(

Good point.

7 posted on 06/09/2008 8:17:16 PM PDT by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: doc1019

What is ROP?


8 posted on 06/09/2008 8:23:11 PM PDT by YCTHouston
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To: rhema
Three seniors arrived on the last day of school in trucks flying the Confederate flag. They said they were Dukes of Hazzard fans, celebrating the Southern lifestyle.

Day 1) Arrive at school in trucks flying rainbow flags. Say that you are Rosie O'Donnell fans, celebrating the homosexual lifestyle.

Day 2) Arrive at school in trucks flying the Confederate flag ...

9 posted on 06/09/2008 8:28:16 PM PDT by ClearCase_guy (Et si omnes ego non)
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To: YCTHouston
"What is ROP?"

ROP is the "Religion of Peace", ie. Islam.

Thousands of Deadly Islamic Terror Attacks Since 9/11
10 posted on 06/09/2008 8:38:39 PM PDT by EasySt (The Republican is a Democrat, the Democrat is a crooked Socialist, and the Socialist is a Communist.)
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To: rhema
In all fairness, the ACLU was taking the conservative position when it supported the students' rights not to have to recite Bellamy's socialist pledge of loyalty to The State.

"Allegiance and citizenship, differ, indeed, in almost every characteristic. Citizenship is the effect of compact; allegiance is the offspring of power and necessity. Citizenship is a political tie; allegiance is a territorial tenure. Citizenship is the charter of equality; allegiance is a badge of inferiority. Citizenship is constitutional; allegiance is personal. Citizenship is freedom; allegiance is servitude. Citizenship is communicable; allegiance is repulsive. Citizenship may be relinquished; allegiance is perpetual. With such essential differences, the doctrine of allegiance is inapplicable to a system of citizenship; which it can neither serve to controul, nor to elucidate."
Talbot v. Janson, 3 U.S. 133 (1795)

11 posted on 06/09/2008 10:02:31 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: ClearCase_guy
Arrive at school in trucks flying rainbow flags. Say that you are Rosie O'Donnell fans, celebrating the homosexual lifestyle.

Do you think that would cause any disruption at a public school these days?

12 posted on 06/09/2008 10:03:38 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Gondring
On Day 1 there would be no disruption. You might even have the ACLU show up to offer praise for the event.

Day 2, however, would be handled differently by the authorities. The ACLU would come back and condemn the exercise.

13 posted on 06/10/2008 2:34:14 AM PDT by ClearCase_guy (Et si omnes ego non)
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To: ClearCase_guy
On Day 1 there would be no disruption.

So what's the point of the example?

And why would you say that on Day 2, the ACLU would condemn it?

14 posted on 06/10/2008 6:09:23 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Gondring
Maybe my little attempt at humor is being lost on you. Let me spell it out.

If students were to wave ranibow flags and promote a homosexual lifestyle, I don't think most schools be be upset and I don't think the ACLU would care at all. It's just kids exercising their free speech, and saying what they've been brainwashed to say.

But if the same kids, a day later, were to wave confederate flags and promote a southern lifestyle, I think the school would be upset and I think the ACLU would throw a fit. It's a hate crime. It's oppressive. It's incorrect thinking.

That's what I would expect because in my years of watching the ACLU it seems clear that they are not in the business of protecting free speech. They are in the business of protecting leftwing, anti-western civilization speech.

But I think that game gets harder to pull off if you juxtapose what IS protected with what is NOT protected, just two days apart.

15 posted on 06/10/2008 6:17:23 AM PDT by ClearCase_guy (Et si omnes ego non)
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To: ClearCase_guy
Okay. I thought you were trying to make a comment that was relevant and made a consistent point. I didn't realize it was in jest.

Because by agreeing that it wouldn't cause a disruption, you have supported the ACLU's position. As the ACLU pointed out, the presence of the Confederate flags caused a disruption, allowing the school to legally take action--while with the Pledge case, the students weren't causing a disruption. Thus, the ACLU is able to justify the differing actions.

16 posted on 06/10/2008 6:33:30 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: ClearCase_guy
Day 1) Arrive at school in trucks flying rainbow flags. Say that you are Rosie O'Donnell fans, celebrating the homosexual lifestyle.
Day 2) Arrive at school in trucks flying the Confederate flag ...

Day 1) Be lionized by faculty and administration.

Day 2) Be vilified by faculty and administration.

17 posted on 06/10/2008 6:59:01 AM PDT by Caleb1411 ("These are the days when the Christian is expected to praise every creed except his own." G. K. C)
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To: rhema
ACLU: Whimperers 'R' Us when conservatives' free speech is shackled. When it's liberals' speech rights under the gun, they're The Mice That Roared.

How can one organization so consistently get it backwards? Then again, I could be talking about the Democrats, Planned Parenthood, the Episcopal Church, etc., etc., ad infinitum.

18 posted on 06/10/2008 7:02:48 AM PDT by Caleb1411 ("These are the days when the Christian is expected to praise every creed except his own." G. K. C)
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To: Gondring
I thought you were trying to make a comment that was relevant and made a consistent point.

I never do that.

19 posted on 06/10/2008 8:14:53 AM PDT by ClearCase_guy (Et si omnes ego non)
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