Court: School can ban American flag shirts on Cinco de Mayo
A federal court judge ruled that officials at a California high school had a legal right to send home students wearing shirts showing the American flag on Cinco de Mayo because there was a reasonable fear that the images could lead to violence.If there are any Constitutional Law scholars out there, I would love to hear their take on this. I understand the "fighting words" aspect to this; I think it's complete and utter horseshit, but I can appreciate the angle. Personally, this seems like a helluva great way to expel the hell out of any troublemaker - on either side - who tries to use this as an excuse to beat up on folks what look different than they do.
Chief U.S. District Judge James Ware of San Francisco ruled last week that it was not a violation of the freedom of speech for students at Live Oak High School in Morgan Hill to be ordered to turn their shirts with the American flag inside out or go home on May 5, 2010, the San Francisco Chronicle reported. Two students were sent home.
It's hard to imagine how this would withstand any kind of scrutiny whatsoever. First off, the slippery slope angle is too big to ignore - it seems like it's ripe for an argument in favor of strict dress codes, as pretty much ANY clothing showing any sort of individual expression could be considered under this angle. But the American flag? Honestly? If you've got folks - again, of ANY stripe - that are so overzealous about their [insert favored tribe here] that they would start fights over an American flag T-shirt, I submit that the problem isn't the T-shirt itself, but the students, and lack of responsible adults supervising same.
Shorter post: Where's a good 7.9 shaker when you need one?
That is all.
8 comments:
Que?
Gerry
On Cinco de taco Me and everyone I know will be wearing American Flag shirts and gear. I'll be hoisting up my American flag on my truck and driving around the city. I'm hoping to provoke "peaceful" dialog I swear...wink wink...
Bad part is, around here folks will ask what's that flag about?....sigh.
Having read the decision, I can't fault them for their logic under the current law: the administration felt that the students might be at risk from other students for their chosen expression, and acted accordingly. The law all but requires that of the admins, giving them very broad powers to that end.
I'd argue that the law is overzealous, but you nailed the bigger problem here: "the problem isn't the T-shirt itself, but the students, and lack of responsible adults supervising same."
Students likely to commit violence against other students for wearing American flag t-shirts have... problems. That a school has gotten to that point is indicative of greater problems, and there is no easy fix.
In other words, the kids can burn a flag or defecate on the US flag, but they can't wear one? Something is wrong about this picture.
Can they ban Mexican flag shirts on the 4th of July?
Are you out of your mind?!?!??
A 7.9 quake would have hundred of thousand Californian refugee flooding America.
Honestly, I'm not trying to raise your blood pressure. Trust me, I'm on Bystollic, and I wish I didn't have read these kind of stories at all. But since I have the time, and you only have so many hours in a day....just think of me as a Foreign Correspondent for the JNS. ; )
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