The story behind this ruling is a bit irritating – the school administrators seem to have made a very cowardly and politically-correct decision to bar the wearing of American flags on the theory that Mexican-American students would somehow be incited to violence by this display on the 5th of May. I personally doubt that even high school-age students would be so immature as to get into a fight over an American flag, and in any event the school’s actions only encourages others to use violence and thuggery to shut down debate.-That being said, high schools do need to have some control over student speech for purposes of maintaining order. So this is a close case for me, though I have little doubt that even if the school’s actions were legal they were inappropriate.
The 9th circuit ruling appears to be in conflict with the standard established in Tinker v Des Moines affirming students’ rights to symbolic speech through apparel as long as they don’t disrupt class. The school in this case appears to have jumped the gun and restricted their rights solely on the fear of disruption and absent of any actual disruption.
You cannot use the flag as a form of draping or shawl, but you can have shirts stylized after the American Flag, or containing an image of the American Flag. And these rules are not punishable crimes; they are more along the lines of customs and rules. Hence why burning the American Flag, throwing it on the ground and walking on it, and displaying it improperly do not warrant an arrest. While they range from irritating to highly offensive, it still exists within the purview of the first amendment. And that’s where this toon originates. 9th Circuit needs to go back to school, since they clearly don’t understand what the 1st Amendment means.
TripleAxel over 9 years ago
The story behind this ruling is a bit irritating – the school administrators seem to have made a very cowardly and politically-correct decision to bar the wearing of American flags on the theory that Mexican-American students would somehow be incited to violence by this display on the 5th of May. I personally doubt that even high school-age students would be so immature as to get into a fight over an American flag, and in any event the school’s actions only encourages others to use violence and thuggery to shut down debate.-That being said, high schools do need to have some control over student speech for purposes of maintaining order. So this is a close case for me, though I have little doubt that even if the school’s actions were legal they were inappropriate.
louieglutz over 9 years ago
just get MSNBC to rerun their cinco de mayo celebration. the epitome of PC?
louieglutz over 9 years ago
and what did anyone expect from the 9th circuit?
folklegendredux over 9 years ago
The 9th circuit ruling appears to be in conflict with the standard established in Tinker v Des Moines affirming students’ rights to symbolic speech through apparel as long as they don’t disrupt class. The school in this case appears to have jumped the gun and restricted their rights solely on the fear of disruption and absent of any actual disruption.
oneoldhat over 9 years ago
and now they are taking flags off of autos
Wraithkin over 9 years ago
You cannot use the flag as a form of draping or shawl, but you can have shirts stylized after the American Flag, or containing an image of the American Flag. And these rules are not punishable crimes; they are more along the lines of customs and rules. Hence why burning the American Flag, throwing it on the ground and walking on it, and displaying it improperly do not warrant an arrest. While they range from irritating to highly offensive, it still exists within the purview of the first amendment. And that’s where this toon originates. 9th Circuit needs to go back to school, since they clearly don’t understand what the 1st Amendment means.
oneoldhat over 9 years ago
dear pea no one is advocating slander as free speech, no one is advocating fraud as free speech//
oneoldhat over 9 years ago
pea you read things that are not there