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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAmerican flag case: court sides with Calif. school officials in flap over students' T-shirts
Source: San Jose Mercury News
A South Bay high school did not violate the constitutional rights of students who were ordered to turn their American-flag adorned shirts inside out during a 2010 Cinco de Mayo celebration, a federal appeals court ruled Thursday.
In a unanimous three-judge decision, the 9th U.S. Circuit Court of Appeals sided with the Morgan Hill Unified School District, which had argued that a history of problems on the holiday justified the Live Oak High School administrators' decision to take action against the flag-wearing students.
Live Oak officials ordered the students to either cover up the U.S. flag shirts or go home, citing a history of threats and campus strife between Latino and Anglo students that raised fears of violence on the day the school was highlighting the Mexican holiday. The school's actions were reasonable given the safety concerns, which outweighed the students' First Amendment claims, the court concluded.
... The legal flap stems from the parents' First Amendment lawsuit, which argues no circumstances warrant a school forbidding a student from wearing a shirt with the American flag. In interviews with this newspaper, the families of the students said the students were only showing their patriotism and did not intend to incite trouble with Latino students on Cinco de Mayo.
Read more: http://www.mercurynews.com/crime-courts/ci_25240543/american-flag-removal-order-justified-u-s-court
temporary311
(955 posts)wear green on St. Paddys day.
Xipe Totec
(43,890 posts)Dr. Strange
(25,921 posts)If you want to wear an American flag t-shirt, maybe you should attend a school in America.
NV Whino
(20,886 posts)It may not be worn as clothing.
Not that the rule stopped the 60s protesters.
linuxman
(2,337 posts)The physical flag itself is not to be worn as a garment. The image of a flag on clothing is fine.
Token Republican
(242 posts)How is this decision not a heckler's veto?
I see it as only encouraging threats against speech that is disagreed with. If the threat is severe enough, speech is curtailed.
Am I missing something?
Actual decision is here for those who are interested.
linuxman
(2,337 posts)Simple free speech. Implying that students wearing shirts with an American flag on them would incite trouble from Hispanic students is pretty racist, if you ask me.
"Safety concerns"? Fuck me running.
Tierra_y_Libertad
(50,414 posts)"Patriotism is the most foolish of passions and the passion of fools." Schopenhauer
KamaAina
(78,249 posts)"and did not intend to incite trouble with Latino students on Cinco de Mayo."
If you believe that, perhaps you'd like to take a gander at this.
How many other days do you think these kids "show their patriotism"?!