Court: School can ban American flag shirts on Cinco de Mayo

[The Straight Story]

Court: School can ban American flag shirts on Cinco de Mayo
By Valerie Strauss

A federal court judge ruled that officials at a California high school had a legal right to send home students wearing shirts showing the American flag on Cinco de Mayo because there was a reasonable fear that the images could lead to violence.

Chief U.S. District Judge James Ware of San Francisco ruled last week that it was not a violation of the freedom of speech for students at Live Oak High School in Morgan Hill to be ordered to turn their shirts with the American flag inside out or go home on May 5, 2010, the San Francisco Chronicle reported.Two students were sent home.

Ware cited past clashes between Mexican-American and Anglo students over clothing on the holiday, which is a celebration of Mexican heritage and in Mexico commemorates a Mexican army victory over the French in 1862. (It is not Mexican Independence Day.)

Students wearing the shirts had sued the Morgan Hill Unified School District on the grounds that their right to free expression had been violated as well as on discrimination because students wearing Mexican flag colors were not censored. Ware rejected both issues.

http://www.washingtonpost.com/blogs/answer-sheet/post/court-school-can-ban-american-flag-shirts-on-cinco-de-mayo/2011/11/12/gIQABiZ0HN_blog.html

[d_r]

1. man if you had a thick head

it would probably explode. I hear it coming now "activist judge ruled that children couldn't wear the AMERICAN FLAG to school but that other children could wear the MEXICAN FLAG!"

[Nye Bevan]

2. "Could lead to violence" is a pretty lame excuse for banning shirts.

So all a few bullies need to do is to threaten to punch out kids who are wearing certain clothing (peace signs, say, or anti-war slogans) and it's OK to ban that clothing because "the images could lead to violence". I would prefer to allow the clothing and clamp down on those making the threats of violence.

[Quantess]

3. Not at school, in my opinion.

As a former educator, I appreciate the need to minimize distractions. "It's a distraction" is a valid argument in the eyes of many school professionals.

I can also readily appreciate the other side, though.

[Nye Bevan]

5. Call me old-fashioned but my very first choice is school uniforms.

Ends all problems like this one, as well as being great for poorer families who can't afford to keep up in the designer-label arms race.

[HappyMe]

8. I agree.

There are more and more public schools doing this.

[lbrtbell]

10. Uniforms are ridiculous

Parents have to buy an additional set of clothes that a child won't wear outside of school, plus it doesn't give kids any life lessons on how to dress acceptably.

[Nye Bevan]

13. Another problem is that uniforms make it harder to distinguish between rich and poor kids.

So the poor kids don't get to learn their true status in society as quickly.

[RZM]

6. Spot on

If there are people out there who will attack a student for wearing the flag logo, the problem rests squarely with them, not with the student wearing the clothing in question.

If it were a shirt that said 'Fuck Mexicans,' I could see the point. But an American flag? Utterly ridiculous argument.

[lbrtbell]

11. +1,000,000 - n/t

[Marrah_G]

4. Perhaps rather then banning anything that might cause an arguement...

We start teaching children at a young age how to resolve conficts in a non-violent manner. Maybe the kids wearing the Mexican flag shirts and those wearing American flag shirts could be made to sit down together in a moderated setting and both sides could learn from each other. But I suppose there is no time for teaching things like that when there are standardized tests to teach....

[GreenStormCloud]

7. Certain to be reversed on appeal.

Back in the Vietnam era there were some students who wore black armbands as a protest against the war. The school banned them. I think the case went all the way to SCOTUS and they ruled in favor of the students. Students don't leave their first amendment rights at the door of the school.

[lbrtbell]

9. The American flag isn't a controversial symbol

The Confederate flag is.

This is a ridiculous ruling. If somebody is offended by the sight of the American flag, it's their problem. I might also suggest they're living in the wrong country, because American flags are on an awful lot of flagpoles...wouldn't want to offend their sensitive little eyes.

What the hell is this country coming to? :(

[Nye Bevan]

12. Clearly all US flags should be taken down on Cinco de Mayo (nt)

[Major Nikon]

14. Two dumbs don't make a smart

The ban is dumb, but suing the school district over this is just ate up with the dumass. If you don't like the school's decision, show up to the school board meetings and bitch. Suing the school district simply means money that should be going to educate kids is now going to defend against stupid law suits.