Posted on 10/30/2023 7:39:42 AM PDT by george76
“When the school relented, it said that if there was a complaint from anyone, the patch might be banned again.”
Right. Because the First Amendment guarantees free speech as long as no one complains.
” believed the yellow flag..... was linked to slavery”
Isn’t everything linked to slavery? That’s all public schools teach nowadays.
Morse v. Frederick, 551 U.S. 393 (2007) ruled that schools have a compelling interest when the message is promoting illegal drug use.
Students are entitled to equal treatment under the law, and schools do not get to pick and choose what speech they prefer.
Schools cannot ban this student’s flag while allowing others to be displayed. They not only banned the student’s flag but also said they based such prohibitions on whether someone complained. That’s essentially an admission of guilt. Looks like a slam dunk case to me.
Schools can enact policies that keep order such as uniforms and restrictions on messages on clothes. But these policies have to be applied equally and not be used to target speech they don’t like.
Or a mexican, isis, nazi, commie china, russian hammer and sickle flag...
Good for Jaiden! May he succeed in taking them for a record breaking settlement.
Should he win he should quit that school and enroll in a solid private school just to rub it in.
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