Posted on 06/05/2005 8:08:19 PM PDT by stainlessbanner
CHARLESTON, W.Va. - A federal judge has ruled a high school dress code that banned items bearing the "Rebel flag" is overly broad and violates students' rights to free speech.
But U.S. District Judge John T. Copenhaver Jr. warned students if they use the Confederate battle flag as a symbol to violate the rights of others, "the very ban struck down today might be entirely appropriate."
Copenhaver's ruling came in a lawsuit filed by Hurricane (W.Va.) High School senior Franklin Bragg, who was ordered to serve two in-house detentions last November for wearing the T-shirt with the flag's image.
The lawsuit was filed by the American Civil Liberties Union of West Virginia after attempts to resolve the issue with school officials failed.
Some view the flag as a symbol of hate and racism. Others see it as honoring Southern history. Bragg has said he wore the T-shirt to show his Southern heritage.
Bragg sued Principal Joyce Swanson and the Putnam County Board of Education, arguing he had worn similar T-shirts and a Confederate flag belt buckle before Swanson became principal last fall.
Bragg also argued other clothing with political and advertising slogans was permitted.
Swanson modified the 1,000-student school's dress code to prohibit clothing that featured "profanity, vulgarity, sexual innuendo, and racist language and/or symbols or graphics ... This includes items displaying the Rebel flag, which has been used as a symbol of racism at high schools in Putnam County."
Putnam County, which is between Huntington and Charleston, is 98 percent white, according to the 2000 census. About 0.6 percent of the county's 51,589 residents are black.
In his ruling, issued Tuesday, Copenhaver wrote that courts have moved to ban such images in schools where racial tensions exist. Testimony at a hearing last month did not show such a climate existed at the Putnam County school.
"To suggest a ban is warranted simply because some associate it with racism proves too much for First Amendment purposes," Copenhaver wrote.
The dress code is unconstitutional because it issues an outright ban on "items" displaying the flag, he wrote.
Although the policy may have been written with the best intentions, "the offending portion unjustifiably silenced a significant amount of permissible speech in contravention of the First Amendment," he wrote.
Swanson said she had not seen the ruling and declined to comment.
Copenhaver's ruling dismissed the board of education from the case.
Y'all will want to read this one. Thanks the head's up Shuckmaster!
There is a black family down the street that flies a US flag, a Georgia state flag, and a St. Andrew's Cross flag every day.
Hmmmm . . . .
How does that give them power to tell anyone that they can't wear it? Truth be told, I am offended by the extremely baggy low-rider jeans (where the waistline is below their butts), especially when they bend over and proudly display their underwear.
If I don't have to see that, then they won't have to look at my Confederate Flag emblem. Deal?
For the one on the right, red beans and rice didn't miss her!
I had a teacher in college who hated confederate symbols and used to argue that they are now symbols of racism.
I explained then, and still tell people this to this day.
If somone wanted to, at will, they could make the word "door knob" a racial slur and make the "peace sign" (aka the cross of nero) into a racist symbol.
Its really easy to do, my teacher didn't doubt me, but her thinking implied that she would probably want to then ban those words and symbols too, and probably keep doing so.
Up yours.
Maybe, but according to recent research, she'll live longer! : )
Damn that Atkins, some red beans and rice doesn't sound half bad, but I don't want to go back on the insulin.
Okay judgey. So how does one "use the Confederate battle flag as a symbol to violate the rights of others?" Tie them up with it?
Has anyone ever seen any Klan literature that used the rebel flag? I did some web searching a year or two ago. The only flag I could find used was the American flag.
You just made my even'n. Thank you kindly.
Since he won his case, can he now sue the school district for unlawful imprisonment (the two "in house" detentions)?;)
It's hard to write a student dress code nowdays. They are waaay over doing it but there have to be some rules or you'd have all the Goths and gang members in their regalia!
What about that rainbow "fruit flag" ???
I gues if the homos get to fly the rainbow fruit flag, how could a good Southern judge rule against Dixie???
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