Thread: Court OK's High School Ban on American Flag T-Shirts BUT MEXICAN FLAGS ARE OK!!!

http://shine.yahoo.com/parenting/cou...172900062.html

In a case that pits individual rights against kids' safety, the 9th U.S. Circuit Court of Appeals ruled on Thursday that it was appropriate for school officials to ban students at a San Jose, California, area high school from wearing American flag T-shirts on Cinco de Mayo. The May 5th holiday, popular in the United States but largely unrecognized in Mexico, commemorates the 1862 Battle of Puebla and celebrates Mexican culture, heritage, and pride.

The ruling stems from a controversial incident in 2010 when five students were told by administrators at Live Oak High School (which has a history of racial tension and gang violence) to either turn their American flag T-shirts inside out or go home. In a unanimous decision, the court cited two instances where students had been threatened with violence for wearing the flag. In 2009, some students of Mexican descent told an assistant principal they would "f--- up" other kids who were chanting "USA" around a flag they had hung from a tree on the school campus. The next year, students wearing the flag tees were warned by text messages and phone calls that gang members would come to the school and beat them up. Because only shirts with the American flag were targeted, school officials didn't ban shirts bearing images of other countries' flags, including the Mexican flag. In response to the ban, a group of parents sued the district, alleging violation of the teens' First Amendment rights. The school district has not responded to Yahoo Shine's request for comment.


The court pointed out that under previous law, it is indeed legal to restrict high school students' free speech because of safety concerns. The Live Oak dress code also states, "The school has the right to request that any student dressing inappropriately for school will change into other clothes, be sent home to change, and/or be subject to disciplinary action." Writing for the panel of three judges, 9th Circuit Judge M. Margaret McKeown stated, "Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence. ... [The events] made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real." However, some parents are still threatening to take the case all the way to the Supreme Court. "This is the United States of America," Kendall Jones, whose son was one of the students banned from wearing a shirt depicting the American flag, told the San Jose Mercury News. "The idea that it's offensive to wear patriotic clothing … regardless of what day it is, is unconscionable to me."
School clothing bans have become common across the country in recent years, as administrators have cracked down on everything from leggings to NRA T-shirts to UGGS. Last year a Michigan school told middle-schoolers who were wearing T-shirts memorializing a friend who had died from leukemia to change tops or cover up the friend's name printed on the shirt (administrators later apologized and reversed their decision). Not surprisingly, the American flag T-shirt case is particularly controversial and has strong supporters on both sides of the issue.
The court ruling appears to be on firm ground because of legal precedent, but blogging about the case, Eugene Volokh, a professor of law at UCLA and specialist in free speech, says it's about far more than T-shirts and that there are some serious issues at stake. "This is a classic 'heckler's veto' — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence," he wrote. "The school taught its students a simple lesson: If you dislike speech and want it suppressed, then you can get what you want by threatening violence against the speakers." However, after the decision, school district superintendent Steve Betando said he felt "relieved." From his point of view in the trenches of a challenged school, the court gave administrators the power to avert potential harm to their students.

Originally Posted by busseysmom2

http://shine.yahoo.com/parenting/cou...172900062.html

In a case that pits individual rights against kids' safety, the 9th U.S. Circuit Court of Appeals ruled on Thursday that it was appropriate for school officials to ban students at a San Jose, California, area high school from wearing American flag T-shirts on Cinco de Mayo. The May 5th holiday, popular in the United States but largely unrecognized in Mexico, commemorates the 1862 Battle of Puebla and celebrates Mexican culture, heritage, and pride.

The ruling stems from a controversial incident in 2010 when five students were told by administrators at Live Oak High School (which has a history of racial tension and gang violence) to either turn their American flag T-shirts inside out or go home. In a unanimous decision, the court cited two instances where students had been threatened with violence for wearing the flag. In 2009, some students of Mexican descent told an assistant principal they would "f--- up" other kids who were chanting "USA" around a flag they had hung from a tree on the school campus. The next year, students wearing the flag tees were warned by text messages and phone calls that gang members would come to the school and beat them up. Because only shirts with the American flag were targeted, school officials didn't ban shirts bearing images of other countries' flags, including the Mexican flag. In response to the ban, a group of parents sued the district, alleging violation of the teens' First Amendment rights. The school district has not responded to Yahoo Shine's request for comment.


The court pointed out that under previous law, it is indeed legal to restrict high school students' free speech because of safety concerns. The Live Oak dress code also states, "The school has the right to request that any student dressing inappropriately for school will change into other clothes, be sent home to change, and/or be subject to disciplinary action." Writing for the panel of three judges, 9th Circuit Judge M. Margaret McKeown stated, "Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence. ... [The events] made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real." However, some parents are still threatening to take the case all the way to the Supreme Court. "This is the United States of America," Kendall Jones, whose son was one of the students banned from wearing a shirt depicting the American flag, told the San Jose Mercury News. "The idea that it's offensive to wear patriotic clothing … regardless of what day it is, is unconscionable to me."
School clothing bans have become common across the country in recent years, as administrators have cracked down on everything from leggings to NRA T-shirts to UGGS. Last year a Michigan school told middle-schoolers who were wearing T-shirts memorializing a friend who had died from leukemia to change tops or cover up the friend's name printed on the shirt (administrators later apologized and reversed their decision). Not surprisingly, the American flag T-shirt case is particularly controversial and has strong supporters on both sides of the issue.
The court ruling appears to be on firm ground because of legal precedent, but blogging about the case, Eugene Volokh, a professor of law at UCLA and specialist in free speech, says it's about far more than T-shirts and that there are some serious issues at stake. "This is a classic 'heckler's veto' — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence," he wrote. "The school taught its students a simple lesson: If you dislike speech and want it suppressed, then you can get what you want by threatening violence against the speakers." However, after the decision, school district superintendent Steve Betando said he felt "relieved." From his point of view in the trenches of a challenged school, the court gave administrators the power to avert potential harm to their students.

This is still USA( NOT MEXICO YOU WANT TO BE USA CITIZEN WELL THIS IS HOW WE SAY EVERY THING IN ENGLISH
OUR( COLOR ARE RED WHITE & BLUE ) WHY MEXICO DAY COME AROUND YOU WANT TO HAVE A PARTY WELL IT DON'T WORK THAT WAY & YOU SAY IM USA CITIZEN NO YOU ARE NOT . YOUR FAMILY DID NOT COME IN THE RIGHT WAY AT ALL . SO DON'T COME & SAY WE ARE A USA YOUR NOT . SO IF YOU DON'T LIKE OUR WAY'S & HOW WE DO THING GO BACK HOME
GOD BLESS THE GOOD OLD USA

Everyone needs to wear the US flag, lapel pin or at least red,white and blue EVERY DAY!!! 1 st Amendment rights and national pride. ....
deport the 9 th circuit court!!!!!

Two federal courts have ruled Obama in contempt of court, one for his illegally banning offshore drilling during the Gulf oil rig disaster and another requiring him to give testimony over the "birther" thing.

If Obama can ignore the Federal court rulings, why should common citizens have to obey the capricious rulings by political hacks pretending to be judges? Every patriot American kid in that school should wear American flag T shirts every day. The parents really need to go to the wall over this thing.

Look what this court ruling does, it, in effect, allows hoodlum gangs to write the laws by threaten violence. And thus gangs of children are coopting the role of government. That the courts would vicariously validate the writing of laws by children gangs is sick beyond description. The appropriate answer is for the government to assert its supremacy and issue a warning that gang members threatening violence will not be tolerated and order local authorities to use whatever police activity necessary to protect students. They used US Federal Marshalls to force integration of the schools in the South during the early Civil Rights era.

Of curse we know what is going on don't we. A great number of those in the government do not want to defend this country, its culture, its institutions, its freedom. They have decided that the United States will become Mexican.

People are always asking what can I do? Well here is one big thing: "OPERATION AMERICAN SPRING" 16 MAY 2014 IN WASHINGTON DC. PROTEST TO DEMAND THE RESIGNATIONS OF BAROQUE OBAMA, ERIC HOLDER AND OTHERS IN OBAMA'S MARXIST JUNTA.

For more information Google or Bing "Operation American Spring."

American Flag vs. Mexican Flag at Montebello High School in California

http://urbanlegends.about.com/librar...xican_flag.htm

Court: School was within its rights to ban U.S. flag T-shirts on Cinco de Mayo

By Catherine E. Shoichet, CNN
Fri February 28, 2014
Watch this video


(CNN) -- A California school that stopped students from wearing American flag T-shirts on Cinco de Mayo didn't violate their constitutional rights, an appeals court ruled Thursday.

The school's approach, according to the appeals court, kept students safe in a climate of racial tension.

"The controversy and tension remained," a panel of judges from the 9th Circuit Court of Appeals said in their opinion, "but the school's actions presciently avoided an altercation."

School officials were worried about violence and disruption of school activities "and their response was tailored to the circumstance," the opinion said.

The case dates back to May 5, 2010, when the principal of Live Oak High School in Morgan Hill, California, asked a group of students wearing American flag T-shirts to turn their shirts inside out or take them off.

The students at the Northern California school refused, according to the appeals court's summary of the case, and later brought a civil rights suit against the school and two administrators, arguing that their rights to freedom of expression, equal protection and due process had been violated.

Judges said the civil rights case forced them to weigh the difficult question of what takes precedence: students' free speech rights or school safety concerns?

According to court documents, the incident occurred amid "ongoing racial tension and gang violence within the school, and after a near-violent altercation had erupted during the prior Cinco de Mayo over the display of an American flag."

The previous year, court documents said, a group of students carrying a Mexican flag had clashed with students who hung an American flag from a tree and chanted "USA" on Cinco de Mayo, a holiday marking a famous Mexican military battle that is often celebrated in the United States.

In 2010, the appeals court said, "threats issued in the aftermath of the incident were so real that the parents of the students involved in the suit kept them home from school two days later."


http://www.cnn.com/2014/02/27/justic...n-flag-shirts/

First article added to Homepage--

http://www.alipac.us/content/court-o...flags-ok-2690/

"Judges said the civil rights case forced them to weigh the difficult question of what takes precedence: students' free speech rights or school safety concerns?" I guess the judges were obliquely correct, there is nothing more dangerous to a growing government despotism than freedom of speech.

Funny how "school safety" concerns were not even considered when Federal Marshalls were used to force the integration of Southern Schools in the early days of the Civil Rights movement.

When are patriots going to get tired of having their noses rubbed in Marxist shit? When are patriots going to draw a line in the sand and say, "We do not consent to your lording over us."


"Operation American Spring" 16 May 2014 in Washington DC. be there to protest and demand the resignations of Obama, Eric (The Thug) Holder and Obama's Marxist Junta.

It is embarrassing that the Ukrainians have shown more courage, tenacity, and devotion to freedom than we who claim the heritage of the Founding Fathers of 1776.

We need to call for a national day of wearing American flags in schools in protest of this affront!

W