Posted on 10/03/2014 9:40:41 AM PDT by walford
“The American flag is not a symbol of racism or division,” Becker said. “It is the symbol of freedom and unity. Americans have fought and died to protect that flag, and now we are told to conceal it so we don’t offend Mexican aliens, some of whom entered this country illegally.”
Previously, Live Oak High School, in the San Jose suburb of Morgan Hill, had reports of problems between American citizens and Mexican students. The school sent the American kids wearing the American flag home but allowed the Mexican kids displaying the Mexican flag stay in school.
In 2009, a group of Mexican students marched and waved a Mexican flag around the Live Oak campus in front of all the school.
Some non-Hispanic students then raised the American flag on a tree to show their American patriotism. The Mexican group found this offensive, and then the two groups exchanged profanity-laced threats.
To fix the ‘problem’, the principal issued an order banning students from wearing Stars and Stripes shirts. If a student was caught in violation of the crime of wearing the American flag they would either have to turn them inside-out or go home. The incident garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing.
Parents and a few lawmakers had argued that the actions violated the students’ Constitutional right to free speech.
In the original ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals decided that past problems at the school gave officials sufficient and justifiable reasons for the order. In its opinion, the court said that schools in general have wide latitude in curbing certain civil rights to ensure campus safety.
On Wednesday, the Federal Appeals Court said they will not reconsider the February ruling upholding the unconstitutional actions of a principal in a Northern California high school who ordered students wearing American flag shirts inside out during a 2010 Cinco de Mayo celebration.
The school’s actions “were tailored to avert violence and focused on student safety,” Judge Margaret McKeown said
The panel said the plaintiffs’ request for a rehearing had failed to gain a majority of votes on the 29-judge court. In a dissenting opinion, three conservative judges said the court should have reconsidered and reversed the February ruling as a violation of free speech.
The ruling “permits the will of the mob to rule our schools,” said Judge Diarmuid O’Scannlain, joined by Judges Richard Tallman and Carlos Bea. He said the court was allowing students to silence others by threatening them with violence.
William Becker, a lawyer representing the students called Wednesday’s decision “outrageous” and said he’d likely take the case to the U.S. Supreme Court.
“(We) will not allow the politically correct judiciary to insult our flag,” he wrote in his blog.
In February, a three-judge panel ruled that it was not the court’s place to second-guess the school’s anti-violence efforts.
“The past events “made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real,” Judge M. Margaret McKeown wrote for the panel.
But, in his blog, Becker said wearing an American flag to school is a symbol of patriotism, not aggression.
“The American flag is not a symbol of racism or division,” Becker said. “It is the symbol of freedom and unity. Americans have fought and died to protect that flag, and now we are told to conceal it so we don’t offend Mexican aliens, some of whom entered this country illegally.”
This is appeasement to threats of violence, which encourages anyone else who doesn't like someone else's speech to use threats to silence them -- but this is enforced selectively. Anyone coming out in favor of an Islamic State, Marxism, racial threats against whites, etc. has no fear of being silenced by the Courts, threats or no.
California has ceased being a part of America.
By this line of reasoning, reimposition of slavery would be okay since the bloodiest single racial incident we had during the 250 odd years of that sorry institution was Nat Turner’s rebellion which claimed less than 50 lives.
To hell with it, fly the flag, and ship the ungrateful Mexicans home.
Correct.
And the leftists in the judiciary should bear in mind that there are threats of violence intended to coerce appeasement — and then there is actual violence for the purpose of executing judgment on violators.
Time for a little of that time honored tradition Civil Disobedience. Every non-Hispanic kid should wear an American flag shirt to school on Stinko de Mayo.
The crux of the problem: liberal judges and a liberal Senate.
-- As of March 2014 a majority of the federal appeals courts have a majority of Democratic appointees. However, the party of the president who appointed a judge is not always a good indicator of that judge's judicial philosophy and place on the political spectrum. [Yeah, right.]
-- The Senate has 53 Democrats, 45 Republicans, and two independents who caucus with the Democrats (Bernard Sanders of Vermont and Angus King of Maine), so for the purposes of analyzing party control there are 55 Democrats and 45 Republicans.
“Time for a little of that time honored tradition Civil Disobedience. Every non-Hispanic kid should wear an American flag shirt to school on Stinko de Mayo.”
“Turn that flag-shirt inside out. NOW!”
“What happens if I don’t?”
Geez. Just like the Stars and Bars huh? Or the word bacon. Must banish so as not to offend some muzzie.
And the Rats in the Senate eliminated the filibuster rule so they could load the federal courts with extremist left-wing judges.
This ruling is ok, actually. Means that the case will get to the Supreme Court faster.
It seems only those that threaten violence get their way anymore in the world.
I fear for the future.
I live here and the decision was the right thing to do.
The American loving kids were provocative but, the so called “Mexican” kids raised it to a whole other level.
The principal needed to diffuse the situation and chose the smallest group that was least likely to cause trouble.
And the so called “Mexican” kids weren’t Mexican either.
They are Americans and like the rest of us of mixed ethnicity.
Mexico and America are multi-cultural, multi-race societies.
They both have borders and that is what defines who you are.
I am Irish, Scottish, English and German and good looking to boot.
However, I never call myself anything other than American.
Why wouldn’t I want to identify with the greatest country ever, whose people will willingly play whack-a-mole on bullies the world over and show up for any disaster in the world, to be of help to our fellow man.
We are first at everything.
Mexican pride is an idiotic myth to begin with.
It’s starts with Gringos stealing land from Mexico.
Never happened. We pay people for stuff because we think that is the right way to order our lives.
But, being a perpetual victim has some odd pride attached to it.
If friggin Mexico is so damned great, let’s discuss a few realities:
1. No Americans are running to Mexico in search of a better life. A great place to retire maybe but, the numbers of our citizens going to Mexico for the rest of their lives isn’t even quantifiable when contrasted with the sheer number of Mexicans coming to America, either in Quantity or as a percentage of the population.
Now, what’s so great about Mexico?
Uhm, a country that has 135 million people, whose average yearly wage is $9,600 and a GDP of $1.2 trillion? Really?
compare that to Canada, a country that has 70% fewer people but, an average wage of about $54,000 and 40% more GDP at $1.7 trillion.
Why aren’t Canadians coming in droves to America?
They will suspend the student, and would require Parents to take off work, to fight it.
No, it wasn't.
It absolutely was.
The so called Mexicans wanted to riot and this would have absolutely escalated and the “White” kids would likely have to attend another school 15-20 miles away to continue their education...safely....
I don’t like it anymore than the rest of here do but, occasionally common sense dictates a best choice out “no good choices”.
Fine.
But it's time *Americans* stopped relying on the courts to guard their liberties. This sort of thing should be crushed without relying on a largely corrupt federal court system.
The people do have the power to fix this crap at the local level where it occurs. *If* they care enough for their liberties to do so.
I'm not impressed with the average American's concerns for their/our freedom.
California has ceased being a part of America.
I certainly don’t claim it as an American state. They can hoist any flag they want but don’t insult America by hoisting ours. That’s fine with us. Oh, and you can go to Mexico for any help you need.
Very creative and deceptive headline on this post (I agree students should be able to display the flag. I don’t like being gamed by people with misleading headlines).
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