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Court: School can ban US flag shirts for safety
Houston Chronicle ^ | February 27, 2014 | PAUL ELIAS,

Posted on 02/28/2014 12:17:26 AM PST by Cincinatus' Wife

SAN FRANCISCO (AP) — Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out during the Mexican heritage celebration Cinco de Mayo, a federal appeals court ruled Thursday.

The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.

The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.

(Excerpt) Read more at chron.com ...


TOPICS: Crime/Corruption; Culture/Society; Front Page News; Government
KEYWORDS: 9thcircuit; arth; california; cincodemayo; courts; highschool; homeschoolingisgood; liveoakhighschool; lohs; morganhill; pc; politicalcorrectness; publicschool; publicschools; usflag
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1 posted on 02/28/2014 12:17:26 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

Will they ban the Mexican flag for safety too?


2 posted on 02/28/2014 12:18:24 AM PST by funfan
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To: Cincinatus' Wife

May 5 - Mexican Flag Burning Day.

Pile ‘em high!


3 posted on 02/28/2014 12:24:41 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: Cincinatus' Wife

Just amazing.


4 posted on 02/28/2014 12:29:02 AM PST by grobdriver (Where is Wilson Blair when you need him?)
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To: funfan; Ray76

This ruling appears to give flag banning “for safety reasons” a hole large enough to drive any number and variety of anti-American trucks through.


5 posted on 02/28/2014 12:29:46 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

This ruling can encompass a lot of things - Muslim head scarfs, homosexuals cross dressing, for example. Anything can be banned because of a perceived threat of violence.

They have opened quite a can of worms...


6 posted on 02/28/2014 12:33:09 AM PST by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: Cincinatus' Wife

If I were a liberal Democrat in 2014, I’d be laughing and crapping on everyone too.

No one’s stopping them. :)


7 posted on 02/28/2014 12:35:19 AM PST by Tzimisce
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To: Cincinatus' Wife

Ever feel like the you are on the endangered species list without the protections?


8 posted on 02/28/2014 12:38:58 AM PST by funfan
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To: Cincinatus' Wife

Impeach the appelate court justices responsible for the miscarriage of justice and their failure to uphold the Constitution they were oath bound to protect and defend.


9 posted on 02/28/2014 12:40:20 AM PST by WhiskeyX ( provides a system for registering complaints about unfair broadcasters and the ability to request a)
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To: Cincinatus' Wife

It’s just like appeasement of Islamists. YOU better watch your step because THEY will go into an irrational rage OVER NOTHING.

If there’s a safety issue it stems from those who identify as Mexican not American.


10 posted on 02/28/2014 12:40:28 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: All

Let’s take it nationwide: May 5 - Mexican Flag Burning Day


11 posted on 02/28/2014 12:48:17 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: Cincinatus' Wife

So if some minority people might get violent over our constitutional rights then the constitutional rights mean nothing.


12 posted on 02/28/2014 12:54:42 AM PST by Aria ( 2008 & 2012 weren't elections - they were coup d'etats.)
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To: Cincinatus' Wife

It seems to me that Mexicans and sodomites are more equal than U.S. patriots in today’s America.


13 posted on 02/28/2014 1:04:21 AM PST by Freelance Warrior (A Russian.)
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To: Cincinatus' Wife

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/27/not-safe-to-display-american-flag-in-american-high-school/

Not safe to display American flag in American high school
By Eugene Volokh, Updated: February 27 at 2:35 pm


14 posted on 02/28/2014 1:07:45 AM PST by abb
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To: Cincinatus' Wife

Figures. It might piss off a lib-er-al or an illegal alien. On the other hand, the flag shouldn’t be worn as a shirt. Just doesn’t seem right.


15 posted on 02/28/2014 1:13:56 AM PST by chessplayer
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To: Cincinatus' Wife

Okay then. Will the school order students wearing any shirt with the Mexican flag or any Mexican saying/words to turn them inside out on Flag Day, Memorial Day, July 4th? If not why not?


16 posted on 02/28/2014 1:23:07 AM PST by SECURE AMERICA (Where can I go to sign up for the American Revolution 2014 and the Crusades 2014?)
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To: abb

There is not any day that an American can not display the flag. Not A Single One!

Ignore this judge.

Take it to him: exercise your right guaranteed by the 1st Amendment and burn a Mexican flag on May 5 as a protest


17 posted on 02/28/2014 1:25:34 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: Cincinatus' Wife
This is another manifestation of the US losing the will to exist, eaten out by domestic enemies. These judges have forgotten or are hostile to being Americans. The judiciary has become a principal weapon in the war to destroy the US.
18 posted on 02/28/2014 1:31:32 AM PST by Truth29
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To: Freelance Warrior
"It seems to me that Mexicans and sodomites are more equal than U.S. patriots in today’s America."

These are socialist sub-groups coming from all directions to overwhelm the status-quo.

Democrats Unveil the Weapon of the Future

Each Line on this list has LINKS to more LINKS and more groups: Lists of Lists of Lists of the Superstructure of the Left ready to join up And there are many more radical groups and organizations not listed, add to that the many groups who will fold like a cheap suit in the face of so many.

19 posted on 02/28/2014 1:31:33 AM PST by Cincinatus' Wife
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To: SECURE AMERICA
"Okay then. Will the school order students wearing any shirt with the Mexican flag or any Mexican saying/words to turn them inside out on Flag Day, Memorial Day, July 4th? If not why not?

We'll hear the same argument we get about black racism - it's not possible because, according to Spike Lee (and others), blacks "'don't have the power to enforce the sweeping institutional racism that perpetuates social, economic and political inequality."

Nonsensical but this thinking is promoted by "scholars" and anti-American race-baiters for all "victim" sub-groups that make up the Democratic Party borg.

20 posted on 02/28/2014 1:43:22 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

Multiculturalism has finally hit paydirt. This is not a shock. You wonder why so Mexicans who come to this country still can’t and won’t speak English even after being here for a generation? Why should they? Our politicians don’t demand their assimilation into mainstream American life. They just want their votes. To these people America is just Mexico with a bunch of goodies included.


21 posted on 02/28/2014 1:48:42 AM PST by dowcaet
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To: Cincinatus' Wife

They should ban white skin for the same reason.


22 posted on 02/28/2014 1:59:52 AM PST by Right Wing Assault
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To: Ray76

Can American kids beat up mexican kids on May 5?


23 posted on 02/28/2014 2:01:35 AM PST by Right Wing Assault
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To: All

The borders of the United States have de-facto been dissolved.

Regulations have been administratively “harmonized”.

Politicians have enticed foreigners with promises of free or reduced cost primary education, college, health care, housing, etc. Often the cost offered to foreigners is lower than that offered to US citizens.

Politicians have enabled foreigners to vote in municipal elections.

Politicians have enabled counting of illegal aliens for purposes of determining population, hence representation in the House of Representatives.

Politicians are working tirelessly to grant retroactively citizenship to illegal aliens.

Politicians of both parties are traitors.

YOU can’t display the US Flag because Foreigners are offended! YOU HAVE BEEN CONQUERED.

Democrats and Republicans are shoving it down your throat - and YOU take it.


24 posted on 02/28/2014 2:11:26 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: Right Wing Assault

If a mexican swings first put out his lights.


25 posted on 02/28/2014 2:12:25 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: Ray76
"Democrats Unveil the Weapon of the Future" -- the liberal superstructure

".........So what is a political movement to do, particularly one as fanatic and apocalyptic as this one? Well, if you have an alternate system made up of outside organizations not subject to governmental oversight, a system populated with self-selected fanatics and true believers, a system poised and ready to march, you can do what was done in Wisconsin. You can turn the superstructure loose to threaten the public peace, smash things up, abuse the electoral process, create a media spectacle, and pressure the state to do things your way. You can use nonpolitical organizations (in the electoral sense) to get a political result.

All the groups involved in the Wisconsin campaign were superstructure groups. The unions, the very core organizations of the superstructure, without which it's no more than a pack of vegetarians and aging hippies. The media, which serves as its propaganda arm. And the judiciary, which is broadly infiltrated by leftist partisans whose allegiance has been awarded to something other than the law.

But it's when we review the Prosser accusations that the picture attains clarity. According to Byron York, the story (which had been held back for nearly two weeks) was first reported by the Wisconsin Center for Investigative Journalism working with Wisconsin Public Radio. (Two guesses as to which end of the spectrum they lean toward.) The Prosser story was billed as the result of a project funded by the Open Society Institute to enlighten the public about Wisconsin government.

The report was picked up by ThinkProgress, the strike force for the Center for American Progress, which both tweeted and posted the story, as well as calling for Justice Prosser's ouster.

The interesting thing here is that the Open Society and the Center for American Progress are the flagship organizations of the liberal superstructure, the outfits that call the shots, handle the funding, and coordinate efforts. They are also funded by Old Spooky himself, George Soros. The left rolled out their big units for this effort. Why? To wreck the career of a junior state Supreme Court justice? To take control of the Dairy State? Perhaps so, but I believe it was also in hopes of testing out the superstructure as a political delivery system in a relatively closed environment. .............."

Center for American Progress = JOHN PODESTA [Hillary's point man, currently employed at the Obama White House to get policy moving (under the auspices of environmental necessity)].

26 posted on 02/28/2014 2:32:37 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife
The court said schools have wide latitude in curbing certain civil rights to ensure campus safety

So do prisons...


27 posted on 02/28/2014 2:32:51 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Cincinatus' Wife

The proper ruling would have been...either everyone wears what they want or celebrates how they want or no one will be allowed.


28 posted on 02/28/2014 2:34:08 AM PST by mdmathis6 (American Christians can help America best by remembering that we are Heaven's citizens first!)
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To: Freelance Warrior
How many divisions do they have?




{vague historical quote}

29 posted on 02/28/2014 2:34:28 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Cincinatus' Wife
Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out...

Looks like the STUDENTs at that school have their work cut out for them THIS year!!!

30 posted on 02/28/2014 2:36:13 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Ray76

Shouldn’t a ‘mexican’ be in a Mexican school?


31 posted on 02/28/2014 2:37:58 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: funfan
Ever feel like the you are on the endangered species list without the protections?

Not really. More like hunting season list...or menu, maybe.
Still, it's hard to believe that collectively we're so easily overcome; individually, that's another story as many will prove harder to take down.

32 posted on 02/28/2014 2:39:03 AM PST by stormhill
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To: mdmathis6

+1


33 posted on 02/28/2014 2:48:33 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: Elsie

If they’re here illegally they should be in jail.


34 posted on 02/28/2014 2:49:12 AM PST by Ray76 (How modern liberals think: http://www.youtube.com/watch?v=eaE98w1KZ-c)
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To: funfan

35 posted on 02/28/2014 2:53:54 AM PST by raybbr (Obamacare needs a death panel.)
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To: Cincinatus' Wife

This is a doubly-sad moment. Sad because of the ruling, and sad because, honestly, the administrators probably did head off a violent confrontation.

I read in several other stories that there is a gang problem in the school/neighborhood, and that the previous Cinco De Mayo, a group of kids held up the U.S. flag and shouted “USA! USA!.” Apparently the parents of these kids had to keep them out of school for a time, because of the threats of reprisals were so bad.

Now, it seems to me that the right thing to do would be to punish the people doing the actual threatening. I also would suggest that maybe a U.S. school is not the most appropriate place to observe a Mexican holiday. Of course, I know neither of those notions are going to happen.

So, yeah, it’s a doubly sad day. I never thought I’d see the day when I couldn’t display the U.S. flag in school, and I rue the day when doing so could get my face stomped in.


36 posted on 02/28/2014 3:05:17 AM PST by DemforBush (A Repo Man is *always* intense.)
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To: raybbr

Good job!


37 posted on 02/28/2014 3:05:23 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Cincinatus' Wife

Safety from what?


38 posted on 02/28/2014 3:10:55 AM PST by ez (Muslims do not play well with others.)
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To: Cincinatus' Wife

This is no longer America!

WTF!


39 posted on 02/28/2014 3:13:31 AM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Elsie
How many divisions do they have?

We don't know. They're covert enemies of the people.

40 posted on 02/28/2014 3:18:03 AM PST by Freelance Warrior (A Russian.)
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To: Cincinatus' Wife
ready to join up

Cancel welfare of any kind now. You get what you encourage. Even Mexicans will change to conservative values if have both to work and to pay taxes.

41 posted on 02/28/2014 3:22:23 AM PST by Freelance Warrior (A Russian.)
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To: Cincinatus' Wife

I wore a uniform in parochial school. I recommend it. School shouldn’t be for unfettered expression. School should be about learning.
One thing I (and only 1) agree with slick willie on...uniforms.


42 posted on 02/28/2014 3:26:13 AM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Cincinatus' Wife

Unbelievable. On that fake Mexican holiday, American children can’t wear their own flag shirts. Shame on the militant Mexican squatters who have reared such ungrateful children. The Supreme Court was certainly stupid to force border states to try to educate these ingrates.


43 posted on 02/28/2014 3:41:21 AM PST by txrefugee
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To: Cincinatus' Wife

“The 9th U.S. Circuit Court of Appeals said the officials’ concerns of racial violence outweighed students’ freedom of expression rights.”

One day, there won’t be a government around to enforce such appeasement. I look forward to what the Jesse Jacksons and Al Sharptons of the world do then.


44 posted on 02/28/2014 3:42:51 AM PST by RWB Patriot ("My ability is a value that must be earned and I don't recognize anyone's need as a claim on me.")
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To: funfan

Has this point been made? If you surrender freedom to the threat of violence, don’t you invite violence in the future? Judges are no longer wise.


45 posted on 02/28/2014 3:51:46 AM PST by HMS Surprise (Chris Christie can STILL go straight to hell.)
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To: Cincinatus' Wife

America - 5 classes under “law” that depends on skin color,
party affiiliation, and job.

At the top: The EXEMPT (Congress, pOTUS, SCOTUS, Moslems)

Below THEM: Blacks above all “laws”

Below THEM: Terrorists above all “laws”

Below THEM: Federal Employees

Below THEM: Criminal Illegals

Below THEM: White, hispanic, and asian American taxpayers as the new slaves.


46 posted on 02/28/2014 3:54:20 AM PST by Diogenesis
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To: Cincinatus' Wife

The ruling will be appealed to the Supreme Court, where it will presumably be reversed. The 9th Circuit’s liberal reputation precedes it.


47 posted on 02/28/2014 4:03:33 AM PST by Zhang Fei (Let us pray that peace be now restored to the world and that God will preserve it always.)
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To: Zhang Fei

Wearing a shirt with an American flag and carrying a Glock on your side might be a reason to be concerned about safety, in particular for those who would challenge that effort.


48 posted on 02/28/2014 4:07:10 AM PST by Progov
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To: Cincinatus' Wife

What else can they ban for “safety reasons”? You are right - pretty big hole.


49 posted on 02/28/2014 4:13:11 AM PST by ilovesarah2012
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To: funfan

Hope you don’t mind my stealing this for a FB post.


50 posted on 02/28/2014 4:14:03 AM PST by ilovesarah2012
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