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Not Safe To Display American Flag In American High School
The Washington Post ^ | February 27, 2014 | Eugene Volokh

Posted on 02/27/2014 5:03:39 PM PST by KingofZion

Today’s Dariano v. Morgan Hill USD (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.

The court points out that the rights of students in public high schools are limited — under the Supreme Court’s decision in Tinker (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:

On Cinco de Mayo in 2009, a year before the events relevant to this appeal, there was an altercation on campus between a group of predominantly Caucasian students and a group of Mexican students. The groups exchanged profanities and threats. Some students hung a makeshift American flag on one of the trees on campus, and as they did, the group of Caucasian students began clapping and chanting “USA.” A group of Mexican students had been walking around with the Mexican flag, and in response to the white students’ flag-raising, one Mexican student shouted “f*** them white boys, f*** them white boys.” When Assistant Principal Miguel Rodriguez told the student to stop using profane language, the student said, “But Rodriguez, they are racist. They are being racist. F*** them white boys. Let’s f*** them up.” Rodriguez removed the student from the area….

At least one party to this appeal, student M.D., wore American flag clothing to school on Cinco de Mayo 2009. M.D. was approached by a male student who “shoved a Mexican flag at him and said something in Spanish ...

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: american; cincodemayo; flag; highschool; morganhill
The Ninth Circuit is really off its rocker. God save this country. I am going to make sure my kids wear flag T-shirts this year on May 5 - will you?
1 posted on 02/27/2014 5:03:39 PM PST by KingofZion
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To: KingofZion

If I were there, my kid would were the flag that day and any day s/he wanted. Take us to court!


2 posted on 02/27/2014 5:06:01 PM PST by Pharmboy (Democrats lie because they must.)
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To: KingofZion

Miguel Rodriguez ...gonna stick with his homies!


3 posted on 02/27/2014 5:07:25 PM PST by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: KingofZion
Calvin Coolidge's (a favorite of President Ronald Reagan) words come to mind, with my own emphasis added:

American institutions rest solely on good citizenship. They were created by people who had a background of self-government. New arrivals should be limited to our capacity to absorb them into the ranks of good citizenship. America must be kept American. For this purpose it is necessary to continue a policy of restricted immigration. It would be well to make such immigration of a selective nature with some inspection at the source, and based either on a prior census or upon the record of naturalization. Either method would insure the admission of those with the largest capacity and best intention of becoming citizens. Those who do not want to be partakers of the American spirit ought not to settle in America.

Documentation alone doesn't mean assimilation.

These disruptive Mexicans at the school were more than likely American citizens by virtue of the wrong interpretation of the 14th Amendment (anchor baby). Yet, in spite of being nominal Americans, it's clear their loyalty is to a foreign country.


4 posted on 02/27/2014 5:22:03 PM PST by re_nortex (DP - that's what I like about Texas)
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To: KingofZion

Wear the circle Revolutionary or Confederate flag then.


5 posted on 02/27/2014 5:25:44 PM PST by Extremely Extreme Extremist (15 years of FReeping! Congratulations EEE!!)
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To: KingofZion

Real Mexicans dont care a hoot a about cinco de mayo

juts the racist morons looking for EXCUSES to WHINE or be rewarded for having their FEELING hurt!


6 posted on 02/27/2014 5:28:42 PM PST by MeshugeMikey (how many times has obie fundamentaly transformed obamacare now?)
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To: KingofZion

9th Circus strikes again


7 posted on 02/27/2014 5:43:19 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: MeshugeMikey

And it will be OK for the wetbacks to wear the Mexican colors? Nothing like discrimination against American students at that school, is there?


8 posted on 02/27/2014 5:44:19 PM PST by DaveA37
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To: MeshugeMikey

And it will be OK for the wetbacks to wear the Mexican colors? Nothing like discrimination against American students at that school, is there? Defund the whole damn school.


9 posted on 02/27/2014 5:44:37 PM PST by DaveA37
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To: Progov

Defund the place put sell it to the lowest bidder!!


10 posted on 02/27/2014 5:59:35 PM PST by MeshugeMikey (how many times has obie fundamentaly transformed obamacare now?)
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To: KingofZion

I seriously doubt a single one of the students, staff, or judges know what happened on May 5th. July 4th for that matter.

Just remember this story at the next La Raza or illgeal alien rally or next time you here diversity is our greates strength.


11 posted on 02/27/2014 6:39:31 PM PST by Organic Panic
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To: GeronL

More evidence the Left has temporarily won (and is permanently insane) when the wearing the American Flag, shouting “USA!,” or labeling your civic group with the words like Patriot, Tea Party or Liberty are all instantly considered “dog whistles” for Racism.


12 posted on 02/27/2014 7:06:37 PM PST by 4Liberty (Optimal institutions - optimal economy.)
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