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Not Safe to Display American Flag in American High School (9th Circuit)
The Volokh Conspiracy via WaPo ^ | Thursday, February 27, 2014 | Eugene Volokh

Posted on 02/27/2014 1:19:28 PM PST by kristinn

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. (See here and here for more on this case.)

The court points out that the rights of students in public high schools are limited — under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school authorities [can reasonably] forecast substantial disruption of or material interference with school activities” stemming from the speech. And on the facts of this case, the court concludes, there was reason to think that the wearing of the T-shirts would lead to disruption. There had been threats of racial violence aimed at students who wore such shirts the year before:

On Cinco de Mayo in 2009, a year before the events relevant to this appeal, there was an altercation on campus between a group of predominantly Caucasian students and a group of Mexican students. The groups exchanged profanities and threats. Some students hung a makeshift American flag on one of the trees on campus, and as they did, the group of Caucasian students began clapping and chanting “USA.” A group of Mexican students had been walking around with the Mexican flag, and in response to the white students’ flag-raising, one Mexican student shouted “**** them white boys, **** them white boys.” When Assistant Principal Miguel Rodriguez told the student to stop using profane language, the student said, “But Rodriguez, they are racist. They are being racist. **** them white boys. Let’s **** them up.” Rodriguez removed the student from the area….

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: immigration; ninthcircuit

1 posted on 02/27/2014 1:19:28 PM PST by kristinn
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To: kristinn

The 9th circus based their decision on a 1969 decision that said safety before sanity or freedom of speech, wouldn’t want the little mushheads to hurt each other, now would we?


2 posted on 02/27/2014 1:24:05 PM PST by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: kristinn

The display of the flag of your nation has been deemed “offensive’.

The display of another Countries flag is apparently acceptable.

White Guilt ?

WTF ?

Soon the display of a Church that can be seen from a “public” road will be deemed offensive.


3 posted on 02/27/2014 1:24:16 PM PST by Zeneta (Thoughts in time and out of season.)
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To: kristinn

Then the school should kick the illegal aliens out the school!


4 posted on 02/27/2014 1:24:47 PM PST by CodeToad (Keeping whites from talking about blacks is verbal segregation!)
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Comment #5 Removed by Moderator

To: Zeneta

I thought Cinco De Mayo was largely a manufactured holiday for the American consumer market to sell beer, tequila, meals out, etc. From what I understand not actually a huge deal in Mexico.


6 posted on 02/27/2014 1:28:14 PM PST by Buckeye McFrog
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To: Zeneta

Ok so they can’t display an American Flag on May 5th, but how about every student wear the American Flag to school on Flag day and perhaps every other day of the year.


7 posted on 02/27/2014 1:29:21 PM PST by napscoordinator ( Santorum-Bachmann 2016 for the future of the country!)
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To: Buckeye McFrog

Just like Kwanzaa, MLK day, Valentine’s day, and Mother/Father’s Day.


8 posted on 02/27/2014 1:30:55 PM PST by Resolute Conservative
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To: kristinn

When this mexican beer holiday comes around burn a mexican flag or three.


9 posted on 02/27/2014 1:32:26 PM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: Buckeye McFrog

They won the battle of Pueblo, but within two years, they were under the rule of Emperor Maximilian the first.
It would make more sense for Americans to celebrate Alan Shepard than the people who fought that battle, unless getting into fights with bill collectors is now an American virtue.


10 posted on 02/27/2014 1:32:44 PM PST by jmcenanly ("The more corrupt the state, the more laws." Tacitus, Publius Cornelius)
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To: Zeneta
The display of the flag of your nation has been deemed “offensive’.
The display of another Countries flag is apparently acceptable.
White Guilt ?
WTF ?
Soon the display of a Church that can be seen from a “public” road will be deemed offensive.

I detect a few things here.
Offensive is people who think public display of national pride, via our flag, is offensive.
Offensiveis people who think that OTHER COUNTRIES' flag displays are acceptable.

It's not "white guilt" at all. It is simple stupidity.

11 posted on 02/27/2014 1:42:59 PM PST by cloudmountain
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To: kristinn

What the court should have done was cancel Cinco De Mayo!

That would be the American thing to do, where is America?


12 posted on 02/27/2014 1:44:16 PM PST by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: napscoordinator; Buckeye McFrog

This is about being “Offended”.

Someone needs to get a lawyer and file a case with the courts. They have to claim they have been “harmed” in some way.

To get to the Ninth Circuit Court of “Appeals” they had to go through other courts first.

They didn’t get the verdict they sought in the lower courts, so they pushed it, and paid for the opportunity to be heard in the “Ninth Circuit”.

This runs really deep. They manufacture “harm” and there are a team of lawyers that are trying to make a name for themselves that will argue to the end.

It’s insanity.

I want to bring any number of claims of “anti-American” activities on campus that are offensive.

No lawyer will take my case.

No court will hear my case.

As a result, the tried and true statement “The squeaky wheel gets the grease”, is what we are left with.


13 posted on 02/27/2014 1:44:58 PM PST by Zeneta (Thoughts in time and out of season.)
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To: kristinn

Pretty soon some folks are going to take upon themselves to make it “not safe” to bitch about flying the American flag.


14 posted on 02/27/2014 1:47:32 PM PST by Paine in the Neck (Socialism consumes EVERYTHING)
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To: Zeneta
Ninth CIRCUS court...what a bunch of clowns.
15 posted on 02/27/2014 1:49:17 PM PST by hal ogen (First Amendment or Reeducation Camp?)
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To: kristinn

This is why illegal immigration is not a good plan nor is a plan for amnesty.

There is no attempt at assimilation or even attempted assimilation.

These third worlders want to come here for the benefits and the benefits only.


16 posted on 02/27/2014 1:49:26 PM PST by ealgeone (obama, border)
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To: kristinn

Screw them. Every patriotic American kid SHOULD wear an American Flag to school on Cinco De Maio Day - the version of the American Flag we flew back during the Mexican War OR the flag that flew over the ALAMO!!


17 posted on 02/27/2014 1:50:37 PM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
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To: NormsRevenge
They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Benjamin Franklin

18 posted on 02/27/2014 2:02:30 PM PST by BwanaNdege
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To: ZULU
" Every patriotic American kid SHOULD wear an American Flag to school on Cinco De Maio Day”

Agree. And if the school has problem with it, keep all our AMERICAN kids HOME on a Mexican Holiday!

Rick

19 posted on 02/27/2014 3:34:29 PM PST by Borderline
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To: kristinn

So a student thug can silence another student’s speech by threatening to kick the other student’s ass if he doesn’t shut up? Then the principal says, “Tsk, other student, if you won’t shut up I’ll have to send you home. He’s made a credible threat against you.”

If that is the law, then the law is a ass.


20 posted on 02/27/2014 3:35:44 PM PST by pogo101
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To: kristinn

Cinco de Mayonnaise should NOT be celebrated in the US.:-)


21 posted on 02/27/2014 4:03:50 PM PST by ExCTCitizen (2014: The Year of DEAD RINOS)
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To: kristinn

OK - so pick up some T-shirts with George Washington’s image on them, or Jefferson’s, or the Constitution......more than 1 way to skin a cat.


22 posted on 02/27/2014 4:12:07 PM PST by Some Fat Guy in L.A. (Still bitterly clinging to rational thought despite it's unfashionability)
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To: ZULU

From 2010

http://www.judicialwatch.org/blog/2010/11/public-school-bans-u-s-flag-avoid-racial-tension/

A public middle school student in central California was forced to take an American flag off his bike because administrators feared Old Glory would ignite “racial tension”among Hispanic students.

The enraging violation of the teenager’s First Amendment right took place this week in Stanislaus County’s Denair Unified School District, where officials say Mexican flags brought in by Hispanic students created racial tension on Cinco de Mayo, the holiday that commemorates Mexico’s victory over France in the Battle of Puebla.

To avoid similar problems, a boy at Denair Middle School was forced to put away an American flag displayed on his bike to support war heroes, including some in his family, on Veterans Day week. The 13-year-old was ordered to remove it after students at his U.S. taxpayer-financed school complained, according to officials quoted in a local news report. All this while an American flag flaps in the wind on campus as is the case at practically all of the nation’s public schools.

Here is the official explanation offered by the district’s superintendant, Edward Parraz: “Our Hispanic, you know, kids will, you know, bring their Mexican flags and they’ll display it, and then of course the kids would do the American flag situation, and it does cause kind of a racial tension which we don’t really want. We want them to appreciate the cultures.”

Who would have ever imagined that the Stars and Stripes would be considered offensive on its own soil and in a government-financed institution, no less? An acclaimed educational center dedicated to studying the First Amendment (Vanderbilt University’s First Amendment Center), points out that a 1969 Supreme Court ruling allows school officials to ban student expression if they can reasonably forecast that the speech or display will cause substantial disruption.

However, addressing this incident, one of its First Amendment scholars asks: “Since when is honoring Veterans Day with the display of the American flag disruptive?” He goes on to suggest that schools facing tensions over cultural differences can teach all students that disruptions over displays such as flags on bikes or backpacks will not be tolerated rather than banning the expression.


23 posted on 02/27/2014 6:48:44 PM PST by ilovesarah2012
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Does the school have a flag pole flying the US Flag?

And how many feet away from the school grounds must the US Flag be kept?

Test the traitors.


24 posted on 02/27/2014 6:52:44 PM PST by Gene Eric (Don't be a statist!)
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To: ZULU

>> Every patriotic American kid SHOULD wear an American Flag to school on Cinco De Maio Day

I certainly plan on doing so now.


25 posted on 02/27/2014 6:53:26 PM PST by Gene Eric (Don't be a statist!)
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To: Borderline

Good idea.

Americans should look to the Ukrainians for guidance when it comes to dealing with tyrants in government.


26 posted on 02/28/2014 2:23:22 AM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
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To: ilovesarah2012

If these schools have American parents, they should keep their kids home that day and hold massive demonstrations outside each of the schools involved.


27 posted on 02/28/2014 2:26:30 AM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
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To: kristinn
And on the facts of this case, the court concludes, there was reason to think that the wearing of the T-shirts would lead to disruption. There had been threats of racial violence aimed at students who wore such shirts the year before:

"logic" like that would mean nobody can do anything because some criminal might take offense and try to harm them. Money in banks needs to be disallowed (probably happen in my lifetime) because it might cause crooks to think of robbing them. Personal possessions - likewise because they cause greed and envy in others.

Our destination gets clearer each day...

28 posted on 02/28/2014 3:44:02 AM PST by trebb (Where in the the hell has my country gone?)
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