K-12 IMPLOSION UPDATE: Not safe to display American flag in American high school. “Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. (See here and here for more on this case.) The court points out that the rights of students in public high schools are limited — under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school authorities [can reasonably] forecast substantial disruption of or material interference with school activities” stemming from the speech. And on the facts of this case, the court concludes, there was reason to think that the wearing of the T-shirts would lead to disruption. There had been threats of racial violence aimed at students who wore such shirts the year before. . . . This is a classic ‘heckler’s veto’ — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence.” Leaving aside the First Amendment aspects, this says terrible things about immigration and the state of our public schools.Would the school cancel Cinco de Mayo if white kids threatened violence? I don't think so, either.
Thursday, February 27, 2014
Disastrous 9th Circuit Ruling
This is hard to believe:
Subscribe to:
Post Comments (Atom)
8 comments:
Okay, granted, I find this ruling ridiculous... but before you go off on it, may I refer you to the flag code, notably section 8d and, to a lesser degree 3? If you're a true patriot, and conform to this, it shouldn't be on your t-shirt, to start with. http://www.ushistory.org/betsy/flagcode.htm
But, virtually everyone with a flag, I've noticed doesn't adhere to at least some of those rules ... so, about the ban on wearing them to school? You know me to be very anti-dress code. I think restriction on dress is insane ... EXCEPT for the case, which the 9th district cited, where it can reasonably be expected that the educational experience will be interrupted. School districts ban T-shirts with pot leaves and skeletons on them ... how are they possibly interrupt the school day? This, on the other hand ... if a bunch of students choose to wear American flag shirts on Cinco De Mayo, at a school with many Hispanics, do you really not see that it COULD be confrontational? I agree it shouldn't ... after all, they're here not in Mexico, and the holiday is very minor in Mexico, since it isn't even their independence day ... but I would argue that it's a fairly clear attempt to antagonize. In the past, you've very much been in favor of dress codes...I find it difficult that you don't see that the lack of this ban could likely cause problems. And again... I don't think it should, but it might well ...it's not an unreasonable ruling. A better decision, if you're going that way, would be not to allow any flag realated apparel, anytime. That at least adheres to the flag code ...
Except for the fact that the Flag Code isn't law, just a set of respectful procedures...
And a representation of a flag isn't a flag.
Both of you are right, of course ... but the code specifically says that it should not be used to merchandise a product, nor be applied to a piece of clothing. Suppose the Latino students had purchased the same t-shirts, and chosen to rip them to shreds, then deposit the shards neatly in a garbage can ... where are you, then? Neither of you addressed the administration's fear that it MIGHT trigger violence/disruption ... and, I agree it shouldn't. But given that that's the one legally permissible reason for negating the student's freedom of expression through dress ... I think it's worth looking at.
And, I'll qualify my response ... I didn't see about anything about this in the decision, but if the district is not also prohibiting the display of the Mexican flag as well (which I believe was the impetus for the display, in the first place) I reverse my position, completely.
Just today I had my one open transexual kid claim that he/she would not stand for the pledge because he/she didn't believe in it. I responded "you do not have to say the pledge, nor do you have to pray during the moment of silence, but you will stand up respectfully for those who died so that you could have that freedom of dissent." He/she countered today that he/she had looked up the law to which I responded "you are not a lawyer nor am I. You have no rights other than those given you by the constitution. But civilized people do not seek methods of denigrating the beliefs of others for the sake of furthering their cause." We'll see what happens Monday.
I'm forced to come to 3 conclusions:
People in charge will cave to heckler's vetoes,
Hispanics must be a violent people, and
non-Hispanic American students might learn from both of those lessons above if *they* want *their* expressions considered.
Ellen,
Our rights are not given to us by the Constitution, they are given to us by God. The Constitution is only there to protect our rights from being taken away by our government. It does not grant rights, merely acknowledge and protects them.
Post a Comment