Skip to comments.Appeals Court Says School Had Right To Ban U.S. Flag T-Shirts
Posted on 02/27/2014 11:02:41 PM PST by Steelfish
February 27, 2014 Appeals Court Says School Had Right To Ban U.S. Flag T-Shirts
A student wears one of the shirts disallowed on Cinco de Mayo at Live Oak High School in Morgan Hill, Calif. CBS SAN FRANCISCO
SAN FRANCISCO - Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out during the Mexican heritage celebration Cinco de Mayo, a federal appeals court ruled Thursday.
The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.
The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.
"Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence," Judge M. Margaret McKeown wrote for the panel. The past events "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real," she wrote.
(Excerpt) Read more at cbsnews.com ...
You hear that America. The next insane ruling from our new kritarchy is that your flag is not constitutionally protected. What next? Your constitution is not constitutionally protected?
Can the 9th circuit and Ca just vanish?They should create their own liberal country and leave Americans alone.
Courts just violence means legitimacy?
Americans are just going to have to resort to violence in response to Cinco de Mayo celebrations.
“You hear that America. The next insane ruling from our new kritarchy is that your flag is not constitutionally protected. What next? Your constitution is not constitutionally protected?”
the school has the right to tell students what they can and cannot do. it’s really up to us to boot out people in our schools who make decisions that are intolerable.
Now does everyone understand how miraculous the concealed weapon case from San Diego really is?
So if avoiding violence is reason to allow certain constitutional rights to be violated, why do they let murderers off for not being read their rights?
The main problem here is the court.
just post it
A “wise Latina’ awaits on the High Court
The Ninth Circus just legitimized the Heckler’s Veto. Hope that this one goes to the Supremes.
I sincerely disagree. The main problem is the stupid idiot liberal educators who encourage 'Mexican identity' and 'multiculturalism' rather than encouraging patriotic displays that are inclusive of all the student body (you know, like the US flag.) That was what created this problem, and the courts are stuck with stupid decisions of supporting the school in banning the display of the US flag as it might incite violence from those the school has encouraged to believe in their 'Mexican' identity.
The court dances around that very central fact in the case, but the parents should hold the school accountable for their horrible decisions that has led to this situation, and quash the segregation of the student body into identity groups.
LOL, it's hard to see why not, Judge. The case had to do with the limitation of civil rights. Shouldn't there be a threshold that has to be passed where every alternative is exhausted before civil rights can be impinged? And without that threshold, isn't the endangerment of civil rights magnified by allowing literally any claimed or perceived threat be used to quash them? And aren't civil rights necessarily the very absolute last things that should be limited under and circumstances, and as minimially as possible even when required, due to their fundamental protections of freedom itself?
Have fun policing every single school on every individual issue across America.
A “ruling” screaming out to be slapped down hard.
I'd much rather instill common sense back into the educational system, from the top down. Where achievement is lauded, not marginalized so that others who are failing are made to feel better. Where the culture taught is the one of this nation, rather than massive segregation into identity groups to make others feel better about themselves - again at the expense of the majority. Where schools are not designed as super-max prisons, and then school officials are shocked when students act like hardened criminals.
But hey, micromanagement sounds like a nice hobby.
If California vanished then you wouldn't be able to come to FreeRepublic and make ignorant comments implying that liberal judges are somehow regional. You are from a country that elected Marxist Barack Obama - TWICE. Maybe we should call for your home and family to "vanish."
The 9th circuit is ruled by emotions and the PC crowd not law.I call it the flake court full of liberals that have no real purpose but to make bad decisions 24/7 only to be overruled.
they would never ever tell blacks to not wear their gang insignia on Cinco De Mayo....never....
I’ going to buy several Flags of Islam and have them go to school and see what happens. Awhile back I called the Freedom From Religion Foundation and told them there were Muslim students pushing Islam on me and pretended to be athiest. They hung up on me. Need I say more?
its time to take a stand....
I could care less what you think!Ca.is a joke and I wish they would stop moving to Texas.If Ca. was so great why is our state being bombarded with your elk?
CDM is an American holiday. It is not noticed in Mexico. The got there ass kicked by the French after that.
All we see at our condos is Ca.plates leaving your state to come to Texas!You must be in denial!
This is like the appeasement of Islamists. YOU must watch your step because “there will be trouble” - even though it’s completely unreasonable for there to be trouble. Never surrender to these monkeys. This judge has his head so far up his ass he’s looking out his mouth.
To be clear: “monkey” means stupid judges
Your country is a liberal Marxist country that reelected Barack Obama and put Harry Reid in charge of the Senate. There’s no denying it. Your country enacted the worst socialized medicine scheme in human history. Can’t you at least apologize?
You must be on drugs or smoking something!I have never met an obama voter yet.
"Whatsoever is lawful in the Commonwealth or permitted to the subject in the ordinary way cannot be forbidden to him for religious uses; and whatsoever is prejudicial to the Commonwealth in their ordinary uses and, therefore, prohibited by the laws, ought not to be permitted to churches in their sacred rites. For instance, it is unlawful in the ordinary course of things or in a private house to murder a child; it should not be permitted any sect then to sacrifice children. It is ordinarily lawful (or temporarily lawful) to kill calves or lambs; they may, therefore, be religiously sacrificed. But if the good of the State required a temporary suspension of killing lambs, as during a siege, sacrifices of them may then be rightfully suspended also. This is the true extent of toleration (emphasis added)." --Thomas Jefferson: Notes on Religion, 1776. Papers 1:547
3. Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the constitution that the powers not delegated to the US. by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people: and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the US. by the constitution, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, & were reserved, to the states or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated rather than the use be destroyed (emphasis added); Thomas Jefferson, Kentucky Resolutions, 1798.
But also consider that regardless the states obligated themselves to respect constitutional privileges and immunites when they ratified the 14th Amendment, John Bingham, the main author of Section 1 of 14A had officially clarified that 14A took away no states righs.
The adoption of the proposed amendment will take from the States no rights (emphasis added) that belong to the States. John Bingham, Appendix to the Congressional Globe. (See bottom half of first column)
No right (emphasis added) reserved by the Constitution to the States should be impaired John Bingham, Appendix to the Congressional Globe. (See top half of 1st column)
Do gentlemen say that by so legislating we would strike down the rights of the State? God forbid. I believe our dual system of government essential to our national existance. John Bingham, Appendix to the Congressional Globe. (See bottom half of third column)
So the states still have the power to reasonably limit our constitutionally enumerated rights regardless of 14A. In fact, Justice Reed had noted that is the job of judges to balance 10A-protected state powers with 14A-protected personal rights.
"Conflicts in the exercise of rights arise and the conflicting forces seek adjustments in the courts, as do these parties, claiming on the one side the freedom of religion, speech and the press, guaranteed by the Fourteenth Amendment, and on the other the right to employ the sovereign power explicitly reserved to the State by the Tenth Amendment to ensure orderly living without which constitutional guarantees of civil liberties would be a mockery." --Justice Reed, Jones v. City of Opelika, 1942.
I know that if I was a school official looking at the possibility of injured or dead students as a result of a possible student clash, I would have seriously considered the "preemptive strike" of having students turning their t-shirts inside out. That's better than having to console parents by telling them that their child died at least while they were exercising their freedom of speech.
Ironic you posted that, just recently on FR or The Tea Party mailing list (can't remember which) A senator/representative was quoted saying that he'd like to see CA. divided into 5 (five) states? (I believe I recollect). The reason was something to this nature: CA.is TOO large and diversified for one Governor.
Well the California courts already ruled that a state constitution amendment voted for by the people was unconstitutional.
The left is like the queen in Alice in wonderland, the law is what they say the law is.
Can’t we just consider CA part of Mexico and be done with it? It would be great to have their electoral votes disappear in U.S. elections. If a conservative president is ever elected, that should be his first executive order. After all, we don’t need Congress to pass laws any more.
THE COURT isn’t “stuck”
try and get a really verifiable Constitutional verdict from them
the problem is “the parents should hold the school “ hostage with kingu manning the thompson machine gun”
dont aim for their blackhearts aim for the whites in their lies
if you want to censor my posts at THE LEAST read them before you post them TWICE and when I post followed by the caveat and you only post the caveat wtf
filtering set too high
yeah the NSA ah nevermind
jim thompson told me there is no track on the PM so why do you block that
more people PM me than would dare say it to your face on the forum so why do you care
and you block that
In a private school, I’d agree, but in a public school, there should be greater protection of fundamental liberties.
This story was also posted later: http://www.freerepublic.com/focus/news/3127891/posts?page=1
And as said there, that's two in a row: Court: School can ban US flag shirts for safety
And which teaches that the way to get something banned is to start a riot. Which discriminates against those who do not. And if Christians responded with violence to the incessant offensive blasphemous material the media spews out, then the 9th would also ban it? Highly unlikely.
There are reasons why the Ninth Circuit Court of Appeals’ decisions are overruled more often than the decisions of any other Federal Circuit Court of Appeals.
If the courts have Obama’s mindset, they’ll rule against the constitution as “unconstitutional” (leftist definition: “we don’t like it”) because it’s a
“document of negative rights”.
You can bet that Mexican t-shirts will be banned on July 4th.
Mexifornia is no longer a US state but an appendage of Mexico. What else can you expect?
The 9th Circus.. the Boko Harum of the bench
Thanks for the heads up on the PM’s.
If posters have valid complaints we would be glad to discuss them but if they are just expressed in private FR mail complaining about the moderator actions to other posters we have no way of knowing about them.
If Free Republic (a God respecting Conservative site, family oriented, no profanity or personal attacks) is too oppressive a place for them to express themselves or if they cannot abide by the rules, there are other sites.
“Delete my comments.”
We will, like the one I am responding to.
There is a no profanity rule here.
You have not been “mini banned”
That would be a suspension.
So you have no interest in discussion.
And deleted that last post.
Point out the profanity in that post.
This IS like having a discussion though. int