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Fed Judge: Calif. School Was Right to Forbid Students’ American Flag T-Shirts on Cinco de Mayo
The Blaze ^ | 11/11/11 | Billy Hallowell

Posted on 11/11/2011 4:22:23 PM PST by CharlesThe Hammer

Should public school officials have the right to prevent students from wearing pro-American garb on Cinco de Mayo?

This question has been at the heart of a California court battle between the Morgan Hill Unified School District and students who were told by a principal and assistant principal that they could not wear American flag t-shirts on the Mexican holiday back in 2010.

Following the incident, a lawsuit against the district was launched by the students and their families. This week, the case came to a close, with a federal judge ruling against the students — a blow that is likely to infuriate some free speech advocates.

According to U. S. District Court Judge James Ware, the district did not violate the students’ first amendment rights. The judge also found that officials‘ concern over the potential violence that could be incited by the students’ pro-American outfits justified the school’s actions

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


TOPICS:
KEYWORDS: americanflag; andblue; barackhusseinobama; bloodoftyrants; bush41appointee; california; cincodemayo; corruption; cwii; endcincodemayo; govtabuse; jamesware; judicialcorruption; judicialfascism; judicialtyranny; liberalfascism; lping; mexico; mexifascism; obama; publiceducation; publicschools; rapeofliberty; red; screwthecourt; takeourcountryback; tyranny; waronliberty; white
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To: 4Liberty
Oh, HE'S not gay.

No no no.

81 posted on 11/11/2011 9:36:14 PM PST by Lazamataz (Eat your neighbors, because no Federal help is coming.)
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To: notpoliticallycorewrecked

If they want to celebrate Cinco de Mayo, then they can go back to Mexico.

Yeah right. Good luck with that. I was in Mexico vacationing and it so happened to be around 5 May so I thought oh this should be a good time. Heck no! Two days later I was expecting Cinco de Mayo celebration and there was NOTHING! The bar tenders said it is an American holiday......I thought wow. I really think it is a day that was brought up by the beer sales people.


82 posted on 11/11/2011 9:40:37 PM PST by napscoordinator
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To: CharlesThe Hammer

This means war, if you ask me.


83 posted on 11/11/2011 9:40:38 PM PST by TwoSwords
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To: dfwgator

What’s the big deal about beating the French anyways? Like who HASN’T done that?


They weren’t something to be messed with at one time. Napolean bled them dry.


84 posted on 11/11/2011 9:46:33 PM PST by TwoSwords
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To: CharlesThe Hammer

Here’s an idea. American t-shirts for our children every day. Let’s separate the wheat from the chaff, right now.


85 posted on 11/11/2011 9:49:53 PM PST by TwoSwords
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To: CharlesThe Hammer

*speechless*

(If I said anything, this judge would probably have it taken down as a violation of 1st Amendment Free Speech rights....)

Just another day in Obamaland.


86 posted on 11/11/2011 9:58:03 PM PST by Tzimisce (Never forget that the American Revolution began when the British tried to disarm the colonists.)
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To: CharlesThe Hammer

After this ruling, I’d wear the flag shirt every school day of the year.


87 posted on 11/11/2011 10:20:57 PM PST by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: CharlesThe Hammer
According to U. S. District Court Judge James Ware, the district did not violate the students’ first amendment rights. The judge also found that officials‘ concern over the potential violence that could be incited by the students’ pro-American outfits justified the school’s actions. The Morgan Hill Times has more about the case:

So, if word gets out that any recognition of stinko de mayo "could be" met with violence, the school will prevent any celebration?

88 posted on 11/11/2011 10:30:13 PM PST by Razz Barry (Round'em up, send'em home.)
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To: CharlesThe Hammer

Well this Federal Judge has just offended me. Time to impeach some of our Federal Judges for being incompetent!


89 posted on 11/11/2011 10:30:13 PM PST by tallyhoe
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To: CharlesThe Hammer

This judge is so far off from equal justice he needs to be removed. I hope the case goes higher and lets us see what our judges think of fairness/equality and even fear of social disorder. Does any rational person believe that wearing a USA t-shirt in a St Patrick’s day parade or a Swedish celebration would conjure up violence? This judge’s opinion definitely shows his thinking is twisted because the issue is really why do the Mexicans want violence over a display of the USA standard. The prohibition by the judge or anyone else should be warning to those that would cause violence.


90 posted on 11/11/2011 10:58:44 PM PST by noinfringers2
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To: notpoliticallycorewrecked
I have a better idea, lets ban the Cinco de Mayo celebrations. Then there won’t be an issue if an American student wants to wear a t-shirt with an American flag. If they want to celebrate Cinco de Mayo, then they can go back to Mexico.

Hey now, that sounds reasonable! What happened to free speech? If burning the flag is considered free speech, then wearing shirts with the flag should also be considered free speech.

91 posted on 11/11/2011 11:24:55 PM PST by Netizen (Path to citizenship = Scamnesty. If you give it away, more will come. Who's pilfering your wallet?)
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To: Westbrook

“Why do patriotic Americans continue to send their children to the union-run, tax-funded, government school collectives to have them indoctrinated against everything they love? Why do Christians and Jews continue to send their children to the union-run, tax-funded, government school collectives to have their faith mocked and be indoctrinated against everything they love?”

Because there are no real options; private education here in NJ is unaffordable (and dying out), and homeschooling can be impractical.


92 posted on 11/12/2011 12:05:57 AM PST by kearnyirish2
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>> concern over the potential violence

Judge-genius should also ban short skirts. /s


93 posted on 11/12/2011 12:23:11 AM PST by Gene Eric (Save a pretzel for the gas jet.)
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To: All
THE SUN NEVER SETS ON FREE REPUBLIC!!!

"We are the resistance!!"



BUMP FOR NEW MONTHLY DONORS!

#103 PLEASE SIGN-UP HERE!


94 posted on 11/12/2011 1:23:00 AM PST by onyx (PLEASE SUPPORT FREE REPUBLIC BY DONATING NOW! Sarah's New Ping List - tell me if you want on it.)
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To: CharlesThe Hammer

America has lost its mind. Part 36 million. THIS type of mind set is why America has seen her best days and is in decay just like the Roman empire.


95 posted on 11/12/2011 5:11:24 AM PST by RetiredArmy (We Christians should look at this world as being a filthy restroom at a roadside gas station.)
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To: Da Coyote

federal Law - no firearms within 1,000’ of a school.


96 posted on 11/12/2011 5:17:02 AM PST by vortec94
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To: vortec94

That law was ruled unconstitutional as being against the Commerce Clause.


97 posted on 11/12/2011 5:19:22 AM PST by Wallop the Cat
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To: Paladin2

This judge doesn’t even know who he is, no wonder he doesn’t know who we are.


98 posted on 11/12/2011 6:09:03 AM PST by kempster
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To: TwoSwords

Charles Martel did well and we thank him.


99 posted on 11/12/2011 6:15:11 AM PST by Paladin2
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To: CharlesThe Hammer

Google “U. S. District Court Judge James Ware” and you’ll see why.

From http://en.wikipedia.org/wiki/James_Ware_(judge)

“..On June 27, 1997, President Bill Clinton nominated Ware to a seat on the United States Court of Appeals for the Ninth Circuit, to replace J. Clifford Wallace, who had taken senior status.[1] Ware had a hearing before the U.S. Senate Judiciary Committee in October 1997.[4]

However, Ware’s nomination unraveled amid an embarrassing scandal that ultimately resulted in a judicial reprimand, and Clinton withdrew his nomination of Ware on November 27, 1997.[5] In 1998, Judge Ware was reprimanded by the Judicial Council of the Northern District Court of California for fabricating the story of being the brother of Virgil Ware,[6] a 13 year old black boy shot by white teenagers in Alabama in 1963 on the same day as the 16th Street Baptist Church bombing. According to a story Judge Ware had told many audiences, he was riding his bike with his brother Virgil on the handlebars when Virgil was shot and killed by white racists.[7] The incident was a real one, however it happened to a different James Ware, as was discovered when Judge Ware’s claim was published in the Alabama papers after he was nominated to the Ninth Circuit by President Bill Clinton. The father of the long-ago slain boy contacted the Alabama courts to report that the California judge was impersonating his own son James Ware who was an employee in a Birmingham power plant. The Alabama courts contacted the California courts, who convened the ethics hearing. Judge Ware was reprimanded but allowed to retain his lifetime appointment as district judge.”

And then “our own” GWH Bush appointed him:
“...Ware was nominated to his current U.S. District Court seat on August 3, 1990 by President George H. W. Bush and was confirmed by the U.S. Senate on September 28, 1990...”

He’s a leftard. And a liar with a chip on his shoulder against “Whitey”.

Not fit to sit in judgement.


100 posted on 11/12/2011 6:37:52 AM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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