Judge: School Can Ban American Flag Shirts

[tt11758]

http://radio.foxnews.com/toddstarnes/top-stories/judge-school-can-ban-american-flag-shirts.html

A federal court has ruled that a California public school had the authority to prevent students from wearing clothing emblazoned with pro-American messages on the Mexican holiday Cinco de Mayo.

U. S. District Court Judge James Ware was ruling in a case involving students at Live Oak High School in Morgan Hill, CA, who were banned from wearing American flag t-shirts on the Mexican holiday in 2010.

The judge determined that the Morgan Hill Unified School District did not violate the First Amendment and said that concerns by school officials over possible violence justified censoring the pro-American message.

“The school officials reasonable forecast that Plaintiff’s clothing could cause a substantial disruption with school activities, and therefore did not violate the standard set forth – by requiring that Plaintiff’s change,” the judge wrote.

“This is nothing more than political correctness,” said John Whitehead, president of the Rutherford Institute. His organization, along with Thomas More Law Center, represented the students and their families in the lawsuit.

“If these kinds of decisions are upheld, they will destroy our First Amendment rights,” Whitehead told Fox News.

The lawsuit stems from an incident that generated national attention last May when three students wore patriotic t-shirts, shorts and shoes to class.

Whitehead said the boys were approached by assistant principal Miguel Rodriguez who instructed them to  either remove their pro-American shirts or turning them inside out.

“The students were told their shirts would offend Hispanics,” Whitehead said.

The students refused to change because they said it would be disrespectful to the flag. At that point, Whitehead said they were ordered to the office where Rodriguez allegedly lectured the trio on Cinco de Mayo and told them that their clothing would offend Hispanic students on “their” day.

Whitehead said the school’s behavior was incredibly offensive.

“It’s offensive to most Americans,” Whitehead told Fox News. “The symbol of America is the American flag.”

The school district maintained their only concern was student safety – and that’s why they asked the boys to change their shirts.

Wes Smith, the superintendent of the school district, told Fox News that he is “very satisfied with the decision.”

“We were encouraged to hear that the federal court found student safety paramount,” Smith said. “The other finding – that we did not infringe or deny students their First Amendment rights was also encouraging.”

Rutherford said they plan on appealing the judge’s decision, arguing that it sends a terrible message to students.

“It teaches students that at any moment, any time, a state official can shut down free speech and that’s what we’re going to fight against,” he said.

Smith noted that the 2011 Cinco de Mayo celebration went off without a hitch.

Apparently burning the flag is protected as "free speech", but honoring and celebrating it is not.   

[tombogan03884]

His reasons are dead wrong , f*ck the foreigners feelings.
If they don't like it they should GO HOME !

However, the decision is legally correct.


http://www.usflag.org/uscode36.html

Go to the link for the entire US Flag Code.

§176. Respect for flag
No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

    (a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
    (b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.
    (c) The flag should never be carried flat or horizontally, but always aloft and free.
    (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.
    (e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.
    (f) The flag should never be used as a covering for a ceiling.
    (g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
    (h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
    (i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
    (j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.
    (k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

[Pathfinder]

His reasons are dead wrong , f*ck the foreigners feelings.
If they don't like it they should GO HOME !

However, the decision is legally correct.


(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.

FQ - sorry, I am so used to correcting FQ that I slipped here. Tom, the ruling is not about wearing the flag. FTA:

A federal court has ruled that a California public school had the authority to prevent students from wearing clothing emblazoned with pro-American messages on the Mexican holiday Cinco de Mayo.

[tombogan03884]

Oops, , I just read the title and replied.
My answer is still the same, if they don't like it they can go back to Mexico.
I don't recall any one saying the Indians could not protest Thanksgiving or Columbus day.

[JC5123]

Oops, , I just read the title and replied.
My answer is still the same, if they don't like it they can go back to Mexico.
I don't recall any one saying the Indians could not protest Thanksgiving or Columbus day.

They at least would have a legitimate argument. They were here first. The Hispanics on the other hand chose to come here. That leaves them no room to bitch when we celebrate OUR country over theirs.

[Sponsor]

[tombogan03884]

They at least would have a legitimate argument. They were here first. The Hispanics on the other hand chose to come here. That leaves them no room to bitch when we celebrate OUR country over theirs.

Not quite correct, everything West of the Mississippi was part of what the Spaniards called "Mexico" when they ruled it, and most of the Indian tribes West of the Appalachians that we encountered had been pushed there by some other tribe.
So basically both groups are in the same loser boat.
They should both STFU before we decide to go back and finish the job.

[Magoo541]

They should both STFU before we decide to go back and finish the job.

Didn't Gunwalker start down that road already?