Few are supportive of gang-related violence but many students also rebel against authority if it is not conducted properly. My experience was that I paid more attention to teachers who made the class interesting and found those who relied on authority and discipline to be inferior at their jobs.
Don't you just love the putrid smell of multiculturalism rotting out in the fields? American flags are now seen as a divisive symbol at American public schools:
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. . . .
At least one party to this appeal, student M.D., wore American flag clothing to school on Cinco de Mayo 2009. M.D. was approached by a male student who, in the words of the district court, “shoved a Mexican flag at him and said something in Spanish expressing anger at [M.D.’s] clothing.
In the aftermath of the students’ departure from school, they received numerous threats from other students. D.G. was threatened by text message on May 6, and the same afternoon, received a threatening phone call from a caller saying he was outside of D.G.’s home. D.M. and M.D. were likewise threatened with violence, and a student at Live Oak overheard a group of classmates saying that some gang members would come down from San Jose to “take care of” the students. Because of these threats, the students did not go to school on May 7.
We hold that school officials, namely Rodriguez, did not act unconstitutionally, under either the First Amendment or Article I, § 2(a) of the California Constitution, in asking students to turn their shirts inside out, remove them, or leave school for the day with an excused absence in order to prevent substantial disruption or violence at school.
This is a classic “heckler’s veto” — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence. “Heckler’s vetoes” are generally not allowed under First Amendment law; the government should generally protect the speaker and threaten to arrest the thugs, not suppress the speaker’s speech. But under Tinker‘s “forecast substantial disruption” test, such a heckler’s veto is indeed allowed.
You're right that it demonstrates a greater failing to create a safe learning environment. That being said, I personally favor law and order over freedom of expression. Safety, authority, and discipline first.
If large numbers of them were doing it to incite reaction at a school which we have reasons to believe would spark a terrible incident, I think we ought to consider that restriction. Order, authority, discipline, safety first.
If anyone ever doubted that the Mexicans were here as a tool of the America hating far left, that doubt can now be put aside.
Would you be as upset if the shirt had been something other than an American flag?Don't...allowed.
Cinco de Mayo should be an American celebration as well as a Mexican one. The students should have been taught what the occasion was all about, then perhaps the juvenile attempt at jingoism could have been avoided.
Napoleon III of France invaded Mexico with the intention of taking it over and then invading the USA from that platform. Since we were in the midst of the Civil war at the time, his plan had a pretty good chance of success.
The French were defeated by Benito Juarez and his forces at the Battle of Puebla on the 5 of May, which is what the day commemorates.
Obviously, some students saw it as some sort of intrusion of Mexican culture into the "real America" or some such nonsense. Mexico and the USA should celebrate that date together.
"They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."
It's free speech. Would you also oppose people wearing a Mexican flag on The 4th of July?
Says the guy who supports warrantless wiretapping on the basis of national security (I do too, by the way).
The situation is important to consider. This was at a school, which are normally not in session on the 4th of July. Therefore, the situation is clearly different in many respects.
Now IF we were to have this hypothetical school that didn't observe the 4th of July holiday (yes, I'm considering summer school which is still closed on the 4th of July), I would think that it's within the school's right to disallow the Mexican flag. It's a dress code. I don't know about your job, but I can't wear anything I want to work. Welcome to real life.
The government cant suppress free speech. Period
Yeah? Got a quote? Thaaaanks!
Doesn't wearing a flag as clothing violate the flag code?
Doesn't wearing a flag as clothing violate the flag code?
If anyone ever doubted that the Mexicans were here as a tool of the America hating far left, that doubt can now be put aside.
That would be impossible, you didn't join until 2009. Bush wasn't President then.
Of course. Free Speech is a categorical right.The government cant suppress free speech. Period
That would be impossible, you didn't join until 2009. Bush wasn't President then.
I don't feel as if my civil rights have been infringed, if someone listens in on my phone conversations. One, because I feel like a phone conversation is no more private than talking to someone sitting in a resturant. Two, they'll be real disappointed at what they hear.
However, I will feel like my civil rights have been infringed on if I'm locked up for political reasons, or because I'm accused of breaking some political correctness law.
This is a smart decision. Sometimes, it's going to be necessary to listen in on phone calls. Our national security depends on that ability.
What about this case should have made the court overturn precedent regarding the relationship between students' freedom of expression and administrators' duty to maintain a suitable learning environment?
Anyone have any thoughts about that question?
Of course. Free Speech is a categorical right.
We're all free to yell, "FIRE!" in a crowded theater, publish malicious lies about other people, and make dire threats to other life and limb.
There's no way that govt van suppress free speech. That right is categorical and absolute.
But perhaps we should make some exceptions and not allow ALL speech.
:shrug:
On it's face, this whole thing is quite disturbing to me. Fundamentally the idea that an American school would disallow American students from displaying an American flag under threat of violence from Mexican and Mexican-American students is abhorrent. It's upside down. My immediate reaction is disappointment, anger, even revulsion. It smacks of appeasing thugs. Thugs...not Mexicans. Their nationality or culture is irrelevant to me at this point, the school allowed thugs to dictate policy that day.
I understand their absolute duty to first and foremost maintain a safe environment for students. I also understand that there is a history of white American students at the school provoking student of Mexican heritage on Cinco de Mayo. But allowing one side to display a flag (on a non-American holiday) and mandating that another side not display a flag, all because of a fear of confrontation and violence is just wrong. They should have disallowed any form of celebration on school property. Apply the dress code universally if you are going to apply it all. And don't allow thugs to dictate policy. If you can identify a potentially disruptive student, deal with them as you would any other. And no doubt there was a fear that the white American students were more than ready to respond if they were confronted by their Mexican counterparts.
Personally I think wearing an American flag as a shirt is distasteful and classless. Especially if you are doing so in order to prove your patriotism or provoke another. Personally I couldn't care less about Mexican Americans celebrating Cinco de Mayo. It doesn't affect how I feel about my country in any way. It doesn't diminish it, it doesn't threaten it, it does nothing. The fact that the white students felt compelled to pin their "American Pride" on their chest and hoist American flags and where American flag shirts and chant "USA USA!" is just a sign of their immaturity. So much machismo, so little common sense.
Taking issue with the administrator's judgement is a legitimate beef, imho.
I don't know the details of the situation and I have never been a high school administrator.
My initial reaction is that there may have been a better way to resolve the issue.
But, because of what has come before, I can't fault the court for rendering the judgment it did.
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