Posted on 02/15/2019 11:35:01 AM PST by jazusamo
Students at Orange Coast College in Costa Mesa, California are having their First Amendment rights trampled on by school administrators. Students from OCC's Young Americans for Freedom chapter on Wednesday were tabling during a student recruitment fair. The goal was simple: to attract new members to the conservative student organization.
Part of the students' booth display included a pro-Second Amendment flag that said "Don't Tread On Me" and "2nd Amendment Since 1789." But because two silhouettes of rifles appeared on the flag, administrators approached the students during the recruitment fair and demanded it be taken down.
According to the two university officials, the flag violated school policy AP 3530, which prohibits “firearms, knives, explosives or other dangerous objects” and any “facsimile of a firearm." University officials said the flag fell under the "facsimile of a firearm" aspect of the school policy.
The students, however, disagree with the decision.
“We displayed this flag to express our support for the Second Amendment. It is completely outrageous that the college would censor our freedom of expression to display the image of a firearm. It is very un-American of the administration to prohibit us from displaying our Constitutional right,” said Benjamin Keene, the Chapter Chair of the Orange Coast College Young Americans for Freedom.
Young America Foundation's spokesman, Spencer Brown, said this is an example of students' Second Amendment rights being censored.
“The intent behind the school’s policy is to promote the physical safety of students on campus,” Brown said. “School administrators are manipulating school policy to censor students’ support of the Second Amendment.”
Orange Coast College did not immediately respond to Townhall's request for comment.
This is the flag that's being called into question:
"The First Amendment: Frustrating Liberals Since 1789"
Ooops. make that “The 2nd Amendment”. Fat fingered that one.
Bump!
Let’s wrap this Freepathon up, Folks!
It’s way, WAY past time to tell these MFers to get bent.
Does the university library have any books on WWi, WWII, Vietnam war?
Bet they have photos of firearms.
Ban the library.
.
Haven't heard that since the late 70s. Most turd brained Liberal Millenials might not understand your meaning. Best to use more..."colorful metaphors":
It looks like it is a state-run community college. State run means it cannot deprive individuals of their constitutional rights.
The school will be paying money to YAF soon.
There was a guy in Norfolk VA who would walk around with a side arm strapped around his waist. The police would arrest him and he would sue. Then the city would pay him $10,000. Then he would go out and get arrested again and the city would pay again, and so on. True story.
While I commend Mr. Keene for standing up for his rights, I’m concerned that that Mr. Keene didn’t specify that the public school’s actions are a violation of Section 1 of the 14th Amendment (14A) imo.
From the 14th Amendment:
"Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
Although this is not a 2nd Amendment issue per se, consider that the congressional record shows the following concerning the 2nd and 14th Amendments.
Rep. John Bingham, the main author of 14A, had included the 2nd Amendment when he read Bill of Rights as examples of enumerated rights that 14A applies to the states.
John Bingham, Congressional Globe. (See 2nd Amendment about in middle of 2nd column.)
Also, note that 14A was recently successfully applied to another misguided California public school.
UC Berkeley settles landmark free speech lawsuit, will pay $70,000 to conservative group
If Mr. Keene knew his 14A protections he would also know that patriots need to elect a new patriot Congress in the 2020 elections that will not only promise to support PDJT’s vision for MAGA, but will also promise to exercise its express 14A powers to make and enforce penal laws to discourage state actors, like the school administrators who are harassing him, from abridging his constitutionally enumerated rights.
Insights welcome.
Title 18, Section 1983 allows for a personal lawsuit for “deprivation of civil rights under color of law.” It is **specifically** aimed at government officials who abuse their power to infringe upon the rights of an individual. Since this is a public university, it is effectively the government, and any official of the university is thus also a government official who can be personally sued.
I’d sue both the university and every single person involved in depriving me of my First Amendment rights.
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