Posted on 02/27/2014 11:02:41 PM PST by Steelfish
February 27, 2014 Appeals Court Says School Had Right To Ban U.S. Flag T-Shirts
A student wears one of the shirts disallowed on Cinco de Mayo at Live Oak High School in Morgan Hill, Calif. CBS SAN FRANCISCO
SAN FRANCISCO - Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out during the Mexican heritage celebration Cinco de Mayo, a federal appeals court ruled Thursday.
The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.
The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.
"Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence," Judge M. Margaret McKeown wrote for the panel. The past events "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real," she wrote.
(Excerpt) Read more at cbsnews.com ...
You hear that America. The next insane ruling from our new kritarchy is that your flag is not constitutionally protected. What next? Your constitution is not constitutionally protected?
Can the 9th circuit and Ca just vanish?They should create their own liberal country and leave Americans alone.
Courts just violence means legitimacy?
Americans are just going to have to resort to violence in response to Cinco de Mayo celebrations.
“You hear that America. The next insane ruling from our new kritarchy is that your flag is not constitutionally protected. What next? Your constitution is not constitutionally protected?”
the school has the right to tell students what they can and cannot do. it’s really up to us to boot out people in our schools who make decisions that are intolerable.
Now does everyone understand how miraculous the concealed weapon case from San Diego really is?
So if avoiding violence is reason to allow certain constitutional rights to be violated, why do they let murderers off for not being read their rights?
The main problem here is the court.
just post it
A “wise Latina’ awaits on the High Court
The Ninth Circus just legitimized the Heckler’s Veto. Hope that this one goes to the Supremes.
I sincerely disagree. The main problem is the stupid idiot liberal educators who encourage 'Mexican identity' and 'multiculturalism' rather than encouraging patriotic displays that are inclusive of all the student body (you know, like the US flag.) That was what created this problem, and the courts are stuck with stupid decisions of supporting the school in banning the display of the US flag as it might incite violence from those the school has encouraged to believe in their 'Mexican' identity.
The court dances around that very central fact in the case, but the parents should hold the school accountable for their horrible decisions that has led to this situation, and quash the segregation of the student body into identity groups.
LOL, it's hard to see why not, Judge. The case had to do with the limitation of civil rights. Shouldn't there be a threshold that has to be passed where every alternative is exhausted before civil rights can be impinged? And without that threshold, isn't the endangerment of civil rights magnified by allowing literally any claimed or perceived threat be used to quash them? And aren't civil rights necessarily the very absolute last things that should be limited under and circumstances, and as minimially as possible even when required, due to their fundamental protections of freedom itself?
Have fun policing every single school on every individual issue across America.
A “ruling” screaming out to be slapped down hard.
I'd much rather instill common sense back into the educational system, from the top down. Where achievement is lauded, not marginalized so that others who are failing are made to feel better. Where the culture taught is the one of this nation, rather than massive segregation into identity groups to make others feel better about themselves - again at the expense of the majority. Where schools are not designed as super-max prisons, and then school officials are shocked when students act like hardened criminals.
But hey, micromanagement sounds like a nice hobby.
If California vanished then you wouldn't be able to come to FreeRepublic and make ignorant comments implying that liberal judges are somehow regional. You are from a country that elected Marxist Barack Obama - TWICE. Maybe we should call for your home and family to "vanish."
The 9th circuit is ruled by emotions and the PC crowd not law.I call it the flake court full of liberals that have no real purpose but to make bad decisions 24/7 only to be overruled.
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