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Wearing American patriotic garb prohibited on a foreign holiday
Dan Miller's Blog ^ | December 15, 2014 | Dan Miller

Posted on 12/15/2014 10:49:02 AM PST by DanMiller

Feminists demand that men learn not to rape so that suggestive attire can be worn safely. Hispanics in California demanded that high school students not be permitted to wear patriotic attire so that Hispanics wouldn't feel offended and perhaps become violent. The school complied. A Federal District Court and a majority of the 9th Circuit Court of Appeals agreed with the Hispanics.

Lucy psych

According to this Rutherford Institute press release, it has asked the Supreme Court to

reject a lower court ruling that declared it unsafe for California public school students to wear American flag t-shirts to school. In asking the Supreme Court to hear the case of Dariano v. Morgan Hill, in which several students were ordered by school officials to cover up their American flag t-shirts on May 5, 2010, allegedly because officials feared that other students celebrating the Mexican holiday Cinco de Mayo would be offended, Rutherford Institute attorneys note that the school should have focused on controlling unruly students and not on stifling patriotic speech protected by the First Amendment. [Emphasis added.]

. . . .

On May 5, 2010, three Live Oak High School students wore patriotic t-shirts, shorts and shoes to school bearing various images of the U.S. flag. During a mid-morning “brunch break,” the students were approached by Assistant Principal Miguel Rodriguez, who told the students they could not wear their pro-U.S.A. shirts and gave them the option of either removing their shirts or turning them inside out. The students refused, believing the options to be disrespectful to the flag. Rodriguez allegedly lectured the group about Cinco de Mayo, indicating that he had received complaints from some Hispanic students about the stars and stripes apparel, and again ordered that the clothing be covered up to prevent offending the Hispanic students on “their” day. Principal Nick Boden also met with the parents and students and affirmed Rodriguez’s order, allegedly because he did not want to offend students who were celebrating Cinco de Mayo. [Emphasis added.[

The Rutherford Institute filed suit in Federal court.

In November 2011, the district court ruled in favor of school officials, citing a concern for school safety. That ruling was affirmed by the Ninth Circuit Court of Appeals in February 2014. Although the appeals court acknowledged that other students were permitted to wear Mexican flag colors and symbols, it ruled that school officials could forbid the American flag apparel out of concerns that it would cause disruption, even though no disruption had occurred. Three of the nine judges on the Ninth Circuit agreed with The Rutherford Institute that school officials violated long-standing Supreme Court precedent forbidding suppression of protected expression on the basis of a “heckler’s veto,” which occurs when the government restricts an individual’s right to free speech in order to maintain order.[Emphasis added.]

Leaving aside the obvious questions of where the loyalties of the "offended" and therefore potentially violent Hispanic students lie and whether they should become American citizens, how far will "our" courts and bureaucrats go to penalize free speech which is consistent with "American" values? Or perhaps I should refer to them as former American values since they don't embrace politically correct attitudes. Has multiculturalism become a -- or even the --  dominant feature in American culture and law?

I don't have answers to the questions posed above. Perhaps the Supreme Court will resolve the legal matter in favor of those who prefer the First Amendment to multiculturalism. Or perhaps it won't bother because a decision adverse to Hispanic interests would be politically incorrect and therefore opposed to "progressive" barbarism.

[youtube https://www.youtube.com/watch?v=ez60_d-WF2A]

Video link

You may want to skip to 1:40 on the next video.

[youtube https://www.youtube.com/watch?v=ALFLtHjqZ1M]

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[youtube https://www.youtube.com/watch?v=352cDPOZvFw]

Video link

Oh well. It was. Would the U.S. Army Band and Chorus perform it today? Would it be considered subversive? On the Cinco de Mayo or other Hispanic holidays?


TOPICS: Education; Government; Politics
KEYWORDS: americanflag; courts; hispanics; multiculturalism

1 posted on 12/15/2014 10:49:03 AM PST by DanMiller
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To: DanMiller

“Remember the Alamo” on the front and “NRA supports our 2nd Amendment Rights” on the back of the shirt.


2 posted on 12/15/2014 10:52:15 AM PST by BipolarBob
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To: DanMiller

Swore it’d have sarc tag. Yike.


3 posted on 12/15/2014 10:56:48 AM PST by dasboot
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To: DanMiller

The Heckler’s Veto is now the law of the land.


4 posted on 12/15/2014 11:03:32 AM PST by servo1969
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To: DanMiller

5 posted on 12/15/2014 11:03:38 AM PST by mrmeyer (You can't conquer a free man; the most you can do is kill him. – Robert Heinlein)
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To: DanMiller
working in public service they had to swear an oath to protect and defend ALL OF THE CONSTITUTION
6 posted on 12/15/2014 11:04:52 AM PST by drypowder
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To: DanMiller

You can bet your last dollar that if it had been a Hispanic student who had been threatened by US students for wearing a Mexican flag, the school and the courts would have been solidly for the Hispanic student.


7 posted on 12/15/2014 11:17:25 AM PST by Blood of Tyrants (Good Muslims, like good Nazis or good liberals, are terrible human beings.)
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To: dasboot
Swore it’d have sarc tag. Yike.

Sarcasm, satire and fantasy are becoming increasingly difficult to distinguish from reality.

8 posted on 12/15/2014 11:24:34 AM PST by DanMiller (Dan Miller)
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To: DanMiller

FU Mexico.


9 posted on 12/15/2014 11:27:39 AM PST by Resolute Conservative
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To: DanMiller
Rodriguez allegedly lectured the group about Cinco de Mayo...

Including the fact that most Mexicans have to be told what it is?

10 posted on 12/15/2014 11:27:56 AM PST by Billthedrill
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To: DanMiller

This is reaching new levels of bizarre.

To start with, Cinco de Mayo is as contrived a holiday as is Kwanzaa. In Mexico, it is celebrated almost exclusively in a single state, Puebla, which has no border with the US and is in south-central Mexico. There it is called El Día de la Batalla de Puebla (English: The Day of the Battle of Puebla).

So, in effect, instead of honoring Hispanics of Mexican descent with a *real* Mexican national holiday, especially Revolution Day, Mexico’s *big* national holiday, which is celebrated annually in Mexico on the third Monday of November, marking the start of what became the Mexican Revolution, some people in the US created a *bogus* holiday for ethnic Mexicans to celebrate.

So what is the court doing?

It is saying that Americans cannot celebrate their country on the same day that Mexican-Americans are told they should celebrate a holiday almost exclusively celebrated in the US that has almost no relevance to their ethnic history.

WTF? This is like saying that Americans cannot celebrate their country on Saint Patrick’s Day, for fear of offending Irish Americans; or during Octoberfest, for fear of offending German Americans.

Or Easter, perhaps, for fear of offending rabbits. Arbor Day, for fear of offending trees.

Or, now that I think about it, during Kwanzaa, for fear of offending west Africans. Though right now it might be called “Ebola-Day”.


11 posted on 12/15/2014 11:30:29 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: DanMiller

How about foreigners not dictating what American citizens can do on American soil?


12 posted on 12/15/2014 11:34:47 AM PST by bgill (CDC site, "we still do not know exactly how people are infected with Ebola")
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To: bgill

a judge recognizing foreign holidays to extract american rights is like Ginsberg and Kennedy using international law in deciding USSC cases.


13 posted on 12/15/2014 11:36:09 AM PST by morphing libertarian (Defund , sue, impeach. Overturn Obamacare, amnesty.)
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To: DanMiller

I’m going to wear a French flag t-shirt next cincodemayo.


14 posted on 12/15/2014 11:39:30 AM PST by aomagrat (Gun owners who vote for democrats are too stupid to own guns.)
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To: yefragetuwrabrumuy

My Hispanic friends agree with you on the meaning of Cinco De Mayo. It is in no way equivalent to the Fourth of July. It celebrates the battle you described.

Kwanza was started by a Black nationalist (Ron Karenga?) and is completely made up. Sort of like an early version of the next AA national anthem, “Hands up. Don’t shoot!”


15 posted on 12/15/2014 12:46:51 PM PST by neocon1984
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