US School has American Flag Banned

[Guest Phizzle99GST]

Im not sure if this is 100% true or not, just came across it on FB. If it is true this really pisses me off and should piss off EVERY American.

http://toprightnews.com/?p=1720

 

[DangerDanJD]

The Court of Appeals for the 9th Circuit (Cal.) did uphold a District Court Opinion dismissing a lawsuit against the Principal of a School and School District on Feb. 27, 2014. I have read the District Court Opinion, but haven't seen the Opinion from the Appellate Court. I do know the District Court's ruling was affirmed. The news article doesn't quite tell the whole story, but it gets the basics right: The Court ruled that a School System's policy prohibiting wearing American flag shirts on Cinco de Mayo.

 

The policy was put in place for student safety after multiple altercations in previous years. School systems are allowed to prohibit otherwise protected free speech where the . .  ."basis of facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities." 

 

The Court relied on the following. "School officials reasonably forecast high school students' wearing of clothing bearing the American flag on Cinco de Mayo Day could cause a substantial disruption, and therefore, requiring students change clothing did not violate students' First Amendment right to expression; school had ongoing racial tension and gang violence, a near-violent altercation occurred prior year on same day over display of an American flag, and officials received warnings from two different students that they were concerned about clothing leading to violence." It further held that it was not unconstitutional to allow Mexican students to wear Mexican Flag shirts because those students were not threatened with violence.Taken to its logical conclusion, if the Mexican students had been threatened with violence, the school system's decision would have been unconstitutional. 

 

I will see if I can find a link to the holding and update. 

[DangerDanJD]

Here is a link to the Court of Appeals decision. https://casetext.com/case/dariano-v-morgan-hill-unified-school-district#.UxCsj_ldWao

 

The Federal Court opinion is better written but reaches the same conclusion.

 

Edit to add correct link. 

Edited February 28, 2014 by DangerDanJD

[E4 No More]

Restriction of free speech...it's for the children!!!!

[glock55]

" Allowing white racist punks to defame American flag by wearing as shirt to create racial troubles  banned at US school" would be a more appropriate title for this thread as the flag was not banned at this or any other us school.

[DangerDanJD]

" Allowing white racist punks to defame American flag by wearing as shirt to create racial troubles  banned at US school" would be a more appropriate title for this thread as the flag was not banned at this or any other us school.

 

I don't think any of us know the whole story. From the language of the Court of Appeals decision, it seems that the students wearing the american flag attire did so in an attempt to gain a reaction from Mexican students. A group of students were prohibited from wearing american flag shirts on the day in question, by being told to turn the shirts inside out or go home with an excused absence. It appears other students were allowed to wear shirts or clothing with American Flags. I would encourage anyone to read the decision linked above. 

[Spiffy]

Would have been simpler to just not have a Mexican holiday in an America Public school.

[TMF]

Better suspend those dirty Micks wearing green on St Patty's day too.


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[RobertNashville]

Well after all...we can't have our American flag upsetting all those criminal aliens now can we???

 

If this kind of BS makes you mad then let me ask you...do you have children in the public school system and if so WHY?????????????

 

This s**t isn't going to stop and it isn't going get any better so if you want your children indoctrinated in how to be good little comrades then go ahead and keep them in the cesspool called the public school system.

Edited February 28, 2014 by RobertNashville

[RobertNashville]

I don't think any of us know the whole story. From the language of the Court of Appeals decision, it seems that the students wearing the american flag attire did so in an attempt to gain a reaction from Mexican students. A group of students were prohibited from wearing american flag shirts on the day in question, by being told to turn the shirts inside out or go home with an excused absence. It appears other students were allowed to wear shirts or clothing with American Flags. I would encourage anyone to read the decision linked above. 

Even if that was their intent (to cause a reaction from "Mexican students" )so what?  If the American flag causes a "reaction" from Mexican students then maybe those Mexican students should be in Mexico!

If my parents move to France or Italy or Germany (illegally or legally) and I'm a student in their schools; should I be "offended" by the French, Italian or German flag on the Fourth of July?

Edited February 28, 2014 by RobertNashville

[DangerDanJD]

I don't know the intent of the two students who were asked to turn their shirts inside out. I don't know the whole story. I just posted a link so anyone that wanted could review the decision. The decision also won't tell the whole story, but only what facts the Court relied upon. I am not saying I agree with the response from the school system. It seems like punishing the students that were making threats would have been the proper response. The school system may very well have suspended the students making the threats. I don't know what, if any, punishment those students received. I also do not know if the students making threats were illegal immigrants. Some people have obviously made that assumption.

 

I am not defending the school board or the decision by the Court of Appeals. Just trying to provide information to help alleviate any ignorance regarding the decision and the facts upon which the decision was based. 

 

Even if that was their intent (to cause a reaction from "Mexican students" so what?  If the American flag causes a "reaction" from Mexican students then maybe those Mexican students should be in Mexico!

If my parents move to France or Italy or Germany (illegally or legally) and I'm a student in their schools; should I be "offended" by the French, Italian or German flag on the Fourth of July?

[Smith]

Either way the decision is confusing. The American flag ban was deemed constitutional because there were threats of violence from the "pro-Mexican" students and the school can ban things to prevent violence, but the Cinco de Mayo students could not be banned from wearing Mexican flag shirts because they had not been threatened with violence? Am I reading that right? Threats of violence (illegal activity) are what deem something constitutional or unconstitutional?

 

Potential illegals, using illegal threats of violence against US citizens, are ruled constitutional and protected and encouraged to flaunt said protection. American citizens who do not engage in illegal activity are ruled unconstitutional and are threatened with legal and punitive administration. Got it.

Edited February 28, 2014 by Smith

[E4 No More]

" Allowing white racist punks to defame American flag by wearing as shirt to create racial troubles  banned at US school" would be a more appropriate title for this thread as the flag was not banned at this or any other us school.

I believe that you are wrong. The wearing of the American flag on shirts were banned, but Mexican, Puerto Rico, Panamanian, etc were not banned. I remember reading the story on it.

[RobertNashville]

I don't know the intent of the two students who were asked to turn their shirts inside out. I don't know the whole story. I just posted a link so anyone that wanted could review the decision. The decision also won't tell the whole story, but only what facts the Court relied upon. I am not saying I agree with the response from the school system. It seems like punishing the students that were making threats would have been the proper response. The school system may very well have suspended the students making the threats. I don't know what, if any, punishment those students received. I also do not know if the students making threats were illegal immigrants. Some people have obviously made that assumption.

 

I am not defending the school board or the decision by the Court of Appeals. Just trying to provide information to help alleviate any ignorance regarding the decision and the facts upon which the decision was based. 

You are correct in that I am assuming or at least am highly suspicious that these were probably illegal Mexican aliens (or children of the same) but it really makes no difference either way because no American living in America should be punished or threatened with punishment by displaying the flag of America (the United States) just because some immigrants form Mexico or any other country might be offended. The whole situation stinks.

[DangerDanJD]

I would recommend reading the decision itself (link posted above) as opposed to the article. Neither one will tell the whole story however. 

 

I believe that you are wrong. The wearing of the American flag on shirts were banned, but Mexican, Puerto Rico, Panamanian, etc were not banned. I remember reading the story on it.

[DaveTN]

Well after all...we can't have our American flag upsetting all those criminal aliens now can we???

 

If this kind of BS makes you mad then let me ask you...do you have children in the public school system and if so WHY?????????????

 

This s**t isn't going to stop and it isn't going get any better so if you want your children indoctrinated in how to be good little comrades then go ahead and keep them in the cesspool called the public school system.

Your hatred of public school systems and your tirades about them is not rational. Where does all this hate come from? Did you attend public schools? If so, what happened to you?

[Smith]

Your hatred of public school systems and your tirades about them is not rational. Where does all this hate come from? Did you attend public schools? If so, what happened to you?

Why can't you stay on topic or use a PM for personal comments?

[DaveTN]

Why can't you stay on topic or use a PM for personal comments?

As usual it’s turned into a rant about public school systems; how am I not on topic?
 

[sigmtnman]

Your hatred of public school systems and your tirades about them is not rational. Where does all this hate come from? Did you attend public schools? If so, what happened to you?

 

Your incessant bashing of folks who disagree with you is not rational.  Where does your feeling of superior mental capacity for rationalization come from?

[Hershmeister]

[quote name="DangerDanJD" post="1118029" timestamp="1393610237"]I would recommend reading the decision itself (link posted above) as opposed to the article. Neither one will tell the whole story however. [/quote] Good luck with trying to get some folks to try and understand our judicial system and the reasoning of the courts. Its far easier to insist on the fantasy of unrestrained individual liberty

[Guest Cazador]

Another example of court system trashing a constitutional right in the name of safety. They would rather strip you of a right than use their brain. Yes the school was in the wrong. If there was that much tension they should have canceled the celebrating of Mexican holiday. Told everyone if there is trouble they would be expelled. Cut and dry. If the school wants to employ a dress code it should be a school uniform so everyone is the same. This crap of African American/ Mexican American/ Irish/ freaking fruit loop.... has got to stop. If you live hear you claim the title American and be proud of this country and what we stand for. If you want to be divisive get the hell out. If you can't afford it I will give you bus fair myself.

[sigmtnman]

Good luck with trying to get some folks to try and understand our judicial system and the reasoning of the courts. Its far easier to insist on the fantasy of unrestrained individual liberty

'restrained liberty. lol Edited February 28, 2014 by sigmtnman

[Hershmeister]

[quote name="sigmtnman" post="1118063" timestamp="1393615052"]'restrained liberty. lol[/quote] You know what i meant....anarchy is another word for it....

[sigmtnman]

unfortunately I do know what you meant. government controlled freedom...

[E4 No More]

Your hatred of public school systems and your tirades about them is not rational. Where does all this hate come from? Did you attend public schools? If so, what happened to you?

The public school today is worse than it was when I went through it, and I loathe it as well. I will not, however, type out everything that happened to me or my children in a public school because there's not enough space or time. Let's just say that they were wrong in several things such as science, teach revisionist history that is incomplete, and act towards parents like they are allowing you the privilege to take THEIR children home with you in the evenings and on weekends.