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Ban on Rebel flag items is overruled (JUDGE SIDES WITH STUDENT)
LexingtonHerald Leader ^ | 06-02-05 | Brian Farkas

Posted on 06/05/2005 8:08:19 PM PDT by stainlessbanner

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; News/Current Events
KEYWORDS: aclu; cbf; copenhaver; crossofsaintandrew; dixie; dresscode; rebelflag; ruling; tshirt
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Comment #21 Removed by Moderator

To: potlatch
It's hard to write a student dress code nowdays. They are waaay over doing it but there have to be some rules or you'd have all the Goths and gang members in their regalia!

Or the fruits in dresses... they would just love a "dress code"...

22 posted on 06/05/2005 9:56:44 PM PDT by Sir Francis Dashwood (LET'S ROLL!)
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To: Sir Francis Dashwood

LOL, looks like you signed up about 10 days ahead of me!

Living in a Texas town of 60 thousand I thankfully haven't had to view the 'rainbow fruit flag' except on TV. Hope it stays that way!


23 posted on 06/05/2005 9:58:41 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: WSGilcrest

Savage is really taking off across the country I see.

I talked about him a few years ago, but nobody ever heard of him. They sure are now...


24 posted on 06/05/2005 9:59:25 PM PDT by Sir Francis Dashwood (LET'S ROLL!)
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To: Sir Francis Dashwood

I was inspired to make that "bumper sticker" after listening to Savage rant about this very issue. Said he was gonna go get a leather jacket with the rebel flag across the back and tell anyone who was offended to go screw themselves.


25 posted on 06/05/2005 10:02:30 PM PDT by WSGilcrest (Twink likes it!)
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To: potlatch

I live in Oregon. I was in California up until this year.

I had just enough time to vote in the Recall of Gov. Gay Davis and see GWB re-elected...


26 posted on 06/05/2005 10:02:34 PM PDT by Sir Francis Dashwood (LET'S ROLL!)
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To: WSGilcrest

Bumpersticker ideas...

Silly faggot, marriage is for kids

Moderate Arab = out of bullets

Sodomy is not a family value


27 posted on 06/05/2005 10:04:07 PM PDT by Sir Francis Dashwood (LET'S ROLL!)
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To: WSGilcrest

Get a SAVAGE NATION bumpersticker...

Paul Revere Society... google search... Michael Savage...


28 posted on 06/05/2005 10:05:50 PM PDT by Sir Francis Dashwood (LET'S ROLL!)
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To: Sir Francis Dashwood

LOL, cute ideas but my husband doesn't allow bumper stickers of any kind. My G.W.Bush one is in a drawer!!


29 posted on 06/05/2005 10:06:15 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: devolve

Thanks for the ping!


30 posted on 06/05/2005 10:25:03 PM PDT by Alamo-Girl
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To: stainlessbanner

Excellent news, finally!


31 posted on 06/06/2005 12:05:22 AM PDT by A2J (Oh, I wish I was in Dixie...)
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To: stainlessbanner

I couldn't resist.

I can just visualize him clattering away at his keyboard in a fit of apopleptic rage over this story.


32 posted on 06/06/2005 5:09:49 AM PDT by Constitution Day (It's hard to get an answer when you haven't got a clue)
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To: Sir Francis Dashwood
What about that rainbow "fruit flag" ???

What about it? Someone wants to wear that on his/her t-shirt, I don't care. Homosexuals don't bother me until they start screaming and flaming, expecting me to "undertand and respect" their sexual preference.

I don't and won't. That doesn't mena I'm a "homophobe," however; there's a big difference between fear and disgust.

33 posted on 06/06/2005 7:08:43 AM PDT by Marauder (Politicians use words the way a squid uses ink.)
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To: Sonny M

As a musician, I audition for spots in working bands when I need to. Once I was jamming with a group and asked whether they did anything by Lynryd Skynyrd, like "Sweet Home Alabama," "Gimme Three Steps," etc.

One guy jumped up and said he wouldn't play their music because they were racists, since they used the Confederate flag as a backdrop. We had just finished doing an Alabama tune, and I pointed out that they also use the Stars & Bars as a backdrop. He said that he wasn't going to do any more Alabama tunes either.

I did *not* join that band. In fact, I packed up and left right then. People - especially liberals - can really be weird.


34 posted on 06/06/2005 7:24:46 AM PDT by Marauder (Politicians use words the way a squid uses ink.)
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To: BenLurkin
SCOTUS ordered the perpetrator freed holding that we must "avert our eyes" from speech we find to be offensive.

SCOTUS decisions do not hamper liberals other than the fact that they can't go back to court to enforce their warped world view, although I hope I'm not speaking too soon.

They don't let the SCOTUS decision supporting the Boy Scouts' right to restrict their membership from obstructing them however and whenever they can.

35 posted on 06/06/2005 7:30:30 AM PDT by Marauder (Politicians use words the way a squid uses ink.)
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To: Marauder

"mena" = "mean" (dammit, magic fingers)


36 posted on 06/06/2005 7:34:32 AM PDT by Marauder (Politicians use words the way a squid uses ink.)
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To: stainlessbanner
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.

Hm.

37 posted on 06/06/2005 7:36:34 AM PDT by sionnsar (†trad-anglican.faithweb.com† || Iran Azadi || Fraud in WA: More votes than voters!)
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To: stainlessbanner
it's about TIME!

free dixie,sw

38 posted on 06/06/2005 8:27:05 AM PDT by stand watie (being a damnyankee is no better than being a racist. it is a LEARNED prejudice against dixie.)
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To: Marauder
The damage done by the high court staring with FDR is extensive. Note Thomas' dissent on today's marijuana decision.
39 posted on 06/06/2005 12:27:12 PM PDT by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
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To: stainlessbanner

Kudos to the judge. It's about time one was found that had common sense!


40 posted on 06/11/2005 5:39:01 AM PDT by 4CJ (||) OUR sins put Him on that cross. HIS love for us kept Him there.(||)
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