Not safe to display American flag in American high school — denial of rehearing en banc

The Volokh Conspiracy ^ | September 17, 2014 | Eugene Volokh

[right-wing agnostic]

I blogged about the case in February, when the Ninth Circuit panel opinion came down; here’s an excerpt, which summarizes the issue:

Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. (See here and here for more on this case.)

The court points out that the rights of students in public high schools are limited — under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school authorities [can reasonably] forecast substantial disruption of or material interference with school activities” stemming from the speech. And on the facts of this case, the court concludes, there was reason to think that the wearing of the T-shirts would lead to disruption. There had been threats of racial violence aimed at students who wore such shirts the year before:

[right-wing agnostic]

There are no words or actions that I could use, without probably being arrested, to adequately state how infuriated I am about this and the original Ninth Circuit decision. If Mexicans think Mexico is so great they should return to Mexico. They SHOULD NOT work with La Raza and like-minded groups--not to mention politicians such as Paul Ryan, John McCain, Jeff Flake, Lindsey Graham, Marco Rubio et al.--to turn this nation into Mexico. Mexico should reform its own damn country./rwa

[TexasFreeper2009]

well.. it seems the natural solution then is for the white students to threaten violence if any hispanics try to wear a mexican flag t-shirt.

[Mastador1]

I think that it only seems right that the schools forbid the mexican flag since it is an object which could provoke violence and hurt the feelings of non hispanic students. Yeah like the administration gives a crap!

[Fledermaus]

The judge and all school officials need to be charged with abject stupidity and shot.

[NonValueAdded]

9th Circus

[TexasRepublic]

“The judge and all school officials need to be charged with abject stupidity and shot.”

Amen, The totalitarians are becoming too bold and need to be thinned out.

[metmom]

ANOTHER REASON TO HOMESCHOOL

This ping list is for the “other” articles of interest to homeschoolers about education and public school. This can occasionally be a fairly high volume list. Articles pinged to the Another Reason to Homeschool List will be given the keyword of ARTH. (If I remember. If I forget, please feel free to add it yourself)

The main Homeschool Ping List handles the homeschool-specific articles. I hold both the Homeschool Ping List and the Another Reason to Homeschool Ping list. Please freepmail me to let me know if you would like to be added to or removed from either list, or both.