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Ban on Rebel flag items is overruled JUDGE SIDES WITH STUDENT IN W.VA. CASE
ASSOCIATED PRESS ^ | June 2, 2005 | Brian Farkas

Posted on 06/10/2005 7:51:03 AM PDT by robowombat

Ban on Rebel flag items is overruled

JUDGE SIDES WITH STUDENT IN W.VA. CASE

By Brian Farkas

ASSOCIATED PRESS

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.


TOPICS: Culture/Society; Government; Miscellaneous; News/Current Events; Philosophy; US: West Virginia
KEYWORDS: aclu; cbf; copenhaver; crossofsaintandrew; dixie; dresscode; rebelflag; ruling; tshirt

1 posted on 06/10/2005 7:51:03 AM PDT by robowombat
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To: robowombat
The lawsuit was filed by the American Civil Liberties Union of West Virginia after attempts to resolve the issue with school officials failed.

Though they usually are, the actions of the ACLU are not always bad. Sometimes they protect the civil liberties of folks who are not rabid leftists.

2 posted on 06/10/2005 7:53:41 AM PDT by Bluegrass Conservative
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To: robowombat

Excellent! Free speech trumps "I don't like it".


3 posted on 06/10/2005 7:54:19 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: robowombat

It'd be best if the little sucker wasn't in a government school in the first place.
By the way, there's a reenactment in Statesville, at Fort Allen, this weekend. I'll be there to ask General Jackson for the four years he owes us. (Napolean said, "A man has but seven years for war. General Jackson owes us.)


4 posted on 06/10/2005 7:55:08 AM PDT by warchild9 (If the Witch Queen runs, she wins, unless things improve in the real world.)
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To: warchild9

Oops, misspelled Bonaparte's first name. My apologies.


5 posted on 06/10/2005 7:56:04 AM PDT by warchild9 (If the Witch Queen runs, she wins, unless things improve in the real world.)
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To: robowombat

Most of West Virginia fought for the yankees in the Civil War. The state was created out of Virginia in 1863, during the Civil War. If the kid weren't in government schools he probably would know that and wouldn't be wearing "rebel" anything.


6 posted on 06/10/2005 7:59:07 AM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: SittinYonder
Most of West Virginia fought for the yankees in the Civil War. The state was created out of Virginia in 1863, during the Civil War. If the kid weren't in government schools he probably would know that and wouldn't be wearing "rebel" anything.

Doesn't mean he doesn't have southern heritage. My family goes back 5 generations in Kentucky, yet my great-great-great-grandfather lived in Tennessee during the first part of the Civil War.

7 posted on 06/10/2005 8:01:03 AM PDT by Bluegrass Conservative
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To: robowombat

Wait - I didn't get the memo. Do we hate judges today?


8 posted on 06/10/2005 8:07:20 AM PDT by SedVictaCatoni (<><)
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To: SedVictaCatoni
Wait - I didn't get the memo. Do we hate judges today?

When they screw up, always.

This guy got it right, you can't give him heat for that.

Judges should be like umpires, you shouldn't notice them when they do the job right, but you do flip out when they screw up, except in our cases, our "umpires" also make the rules on the fly.

9 posted on 06/10/2005 8:22:08 AM PDT by Sonny M ("oderint dum metuant")
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To: SittinYonder
The state was created out of Virginia in 1863, during the Civil War

Yep, and it was done unconstitutionally.

U.S. Constitution, Article IV, Section 3, clause 1
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

10 posted on 06/10/2005 8:25:06 AM PDT by Tree of Liberty (requiescat in pace, President Reagan)
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To: Bluegrass Conservative
Doesn't mean he doesn't have southern heritage.

Sure, I know that, somewhere in the neighborhood of 20,000 West Virginians fought for the South. I just saw an opportunity to take a swipe at the dismal history lessons of government schools.

11 posted on 06/10/2005 8:31:09 AM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: SedVictaCatoni
Do we hate judges today?

Depends on how long he's sentencing me for. If he wants to go outside federal guidelines and just give me probation, I'll take him out for a beer. If he wants to sentence me to the full 375 months that my crimes warrant ... you bet I hate him.


Just kidding, I haven't committed any crimes that anyone's caught me for.

12 posted on 06/10/2005 8:33:20 AM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: SedVictaCatoni
Wait - I didn't get the memo. Do we hate judges today?

People on this website don't need a "memo" to know what to think. It's Liberal websites that use memos.

13 posted on 06/10/2005 8:41:19 AM PDT by FlingWingFlyer (We did not lose in Vietnam. We left.)
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To: Tree of Liberty
Yep, and it was done unconstitutionally.

The federal government recognized the loyalist legislature at the Wheeling Convention as the legitimate government of Virginia; when the loyalist government voted to permit West Virginia to secede, Congress considered that to satisfy the requirement of Art. IV §3.

14 posted on 06/10/2005 8:43:14 AM PDT by SedVictaCatoni (<><)
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To: SittinYonder
Most of West Virginia fought for the yankees in the Civil War. The state was created out of Virginia in 1863, during the Civil War. If the kid weren't in government schools he probably would know that and wouldn't be wearing "rebel" anything.

Are you trying to say that an individual who lives in West Virginia in 2005 could not have had an ancestor that fought under the Confederate Battle Flag in 1864?

If the wearing of the Confederate Battle Flag is truly about heritage, then that heritage would be the heritage of his family during the Civil War and not the State he was born in 125 years later.

Chances are that not a single guy that you see wearing kilts and playing bagpipes in the parades or at Police funerals in your State was ever born in Scotland. However, their ancestors were.

15 posted on 06/10/2005 8:47:08 AM PDT by Polybius
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To: SittinYonder
I just saw an opportunity to take a swipe at the dismal history lessons of government schools.

I would think that most WV public schools teach the history of the formation of their state. I grew up in Kentucky and WE learned that in 8th grade.

16 posted on 06/10/2005 9:18:15 AM PDT by Bluegrass Conservative
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To: SedVictaCatoni
The federal government recognized the loyalist legislature at the Wheeling Convention as the legitimate government of Virginia; when the loyalist government voted to permit West Virginia to secede, Congress considered that to satisfy the requirement of Art. IV §3.

I know you're only laying out the history, but just because the federal government "recognizes" something does not make it correct. The proper government of Virginia was the one elected under the auspices of the state constitution. The Wheeling Convention doesn't fit the bill.

17 posted on 06/10/2005 10:33:39 AM PDT by Tree of Liberty (requiescat in pace, President Reagan)
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