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 ...
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?
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.
Then the school should kick the illegal aliens out the school!
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.
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.
Just like Kwanzaa, MLK day, Valentine’s day, and Mother/Father’s Day.
When this mexican beer holiday comes around burn a mexican flag or three.
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.
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.
What the court should have done was cancel Cinco De Mayo!
That would be the American thing to do, where is America?
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.
Pretty soon some folks are going to take upon themselves to make it “not safe” to bitch about flying the American flag.
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.
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!!
Benjamin Franklin
Agree. And if the school has problem with it, keep all our AMERICAN kids HOME on a Mexican Holiday!
Rick
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.
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