US Student Apprehended By School Police For Showing American Flag

[AGENDA21]

A small American flag, tucked into the back right-hand pocket of her pants.

And for that, the Fallbrook High School sophomore was stopped by a security officer, taken to an assistant principal's office and written up in an incident report that was placed in her student file.

Malia, who is an honors student, said she was shocked, then dismayed at what she believes was a violation of her free speech rights on March 31.

She and her mother contacted the American Civil Liberties Union of San Diego & Imperial Counties, and the ACLU dispatched a letter to district officials demanding that they remove the report from Malia's file.

http://www.signonsandiego.com/news/metro/20060413-9999-7m13flag.html

[rodeodance]

1. at least she will learn early about the ACLU

[ayeshahaqqiqa]

2. I'm getting the impression that high schools any more

are little more than juvenile detention centers, rather than centers of learning.

[nonconformist]

3. Agree with that. nt

[Dogmudgeon]

4. Been talking to high school teachers, have you?

The ones I've spoken to since about, oh, 1990, have said the same thing.

They're in a permanent state of depression. It's sad.

Imgine how bad it is for the kids.

--p!

[fooj]

5. It IS a sad state of affairs...

I'm a high school teacher.

Peace.

[TahitiNut]

6. 4 USC 8 (d)

(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general.

http://www4.law.cornell.edu/uscode/html/uscode04/usc_sec_04_00000008----000-.html

[Thorandmjolnir]

7. Just a legal comment

The statute says "should" making it optional and not mandatory.


Should does not carry any kind of sanction with it.

That's like having a statute saying "tax payers should not cheat on their tax forms".


1st amendment and all that stuff.

[TahitiNut]

8. Very true and I'd never suggest otherwise.

Nonetheless, as a public employee, the principal is not exactly going out in left field with a dress code that's in conformance with settled 'should'-law. It's also not unusual to prohibit 'colors' in schools. One might try to make 1st amendment arguments about gang colors, too (association, speech, etc.), but I doubt they'd fly. It's always a balance.