Showing posts with label Cinco de Mayo. Show all posts
Showing posts with label Cinco de Mayo. Show all posts

Saturday, March 1, 2014

Banning the American Flag and Reconquista

A federal court has ruled that an American school student has a right to free expression -- unless that American might be threatened for that expression by others, in which case state officials have the right to quash the offending expression to appease potential aggressors. 
Which, ipso facto, means Americans have no right to free expression at all.  For if it’s not the government’s role to protect expression that is thought to be offensive by a vicious mob, what purpose does the First Amendment have?  “Safe” expression needs no protection, after all.
The Ninth Circuit Court of Appeals has ruled upon the constitutionality of a decision by the administration at Live Oak High School in 2010.  On May 5th of that year, student Daniel Galli and his friends had the unmitigated gall to wear shirts emblazoned with that offensive symbol that we call the American flag.  Fearing that the unruly ex-denizens of another country would be infuriated at the mere sight of it on a day they hold in reverence, the vice principal asked him and his friends to turn their shirts inside out.  
May 5th, of course, is the holiday more commonly referred to as Cinco de Mayo.  And apparently, Mexican-Americans would be prone to engage in a bit of the old ultra-violence if some haughty American had the audacity to brandish the American flag in America on a day in which Mexico won a victory in a battle against the French way back when.

Friday, February 28, 2014

Federal Court Upholds School Ban on American Flag T-Shirts

Supreme-Court-American-FlagYesterday, the United States Court of Appeals for the Ninth Circuit upheld a California high school’s prohibition on American flag t-shirts on Cinco de Mayo. The case is Dariano v. Morgan Hill Unified School District, and while it might get the law right, it certainly highlights a worrying trend in American schools: the inability or unwillingness to protect students whose speech is unpopular.
On Cinco de Mayo, May 5, 2010, three students wore American flag t-shirts to Live Oak High School. Live Oak, according to the Ninth Circuit, had a history of gang and racial violence. The students who wore the American flag t-shirts were threatened with physical violence. Rather than discipline the students who made the threats, the school decided to tell the American flag t-shirt-wearing students that they could either turn their shirts inside-out, or go home. Two of the students went home, and the students collectively sued the school district in federal district court, claiming that the school violated their First Amendment rights.
Yesterday, the Ninth Circuit upheld the dismissal of the students’ claim, on the grounds that school officials “anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances.”
In the landmark 1969 case of Tinker v. Des Moines Independent Community School District, the Supreme Court of the United States upheld the First Amendment right of students to peacefully protest the Vietnam War by wearing black armbands to school. In a famous passage, the Court opined that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Popular Posts