American flag case: U.S. Supreme Court ends Morgan Hill flap over shirts

Discussion in 'Current Events' started by Think for myself, Mar 30, 2015.

  1. Think for myself

    Think for myself Well-Known Member Past Donor

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    And it is over.

    By refusing to take up the case, the USSC lets stand a lower court ruling, that being that a principal can tell studetns to turn their shirt inside out if it is provocative or disruptive.

    And why not? These are children. They are in school. Others may be attempting to learn. Is this really the venue for a semi- existent right of children for freedom of expression?

    Of course not.

    So let's hope that this is the end of this flap, that this entire farce of outrage over a facsimile of an American flag used as a symbol of anything other than what it stands for is over.


    http://www.mercurynews.com/crime-courts/ci_27813451/american-flag-case-u-s-supreme-court-ends

    The U.S. Supreme Court on Monday refused to take up a ruling that found a South Bay high school had the legal right to order students wearing American flag-adorned shirts to turn them inside out during a 2010 Cinco de Mayo celebration.

    The 9th U.S. Circuit Court of Appeals last year ruled in favor of Live Oak High School administrators, who argued that a history of problems on the Mexican holiday justified the decision to act against the American flag-wearing students. Officials at the Morgan Hill school ordered the students to either cover up the shirts or go home, citing past threats and campus strife between Latino and white students that raised fears of violence.

    The Supreme Court declined to jump into the case, turning away the parents' further appeals.

    William Becker, a lawyer for the parents, expressed disappointment Monday in the Supreme Court's decision, calling it a "significant case" that raised important First Amendment issues.

    "It essentially (now) means that American public schools can silence patriotic expression whenever it offends anti-American students, or students who prefer to identify with their cultural or national origins," he said. "This a tragic outcome."

    Morgan Hill school district officials expressed relief the case is over, saying the Live Oak campus has moved on.

    "This case has newver been about the American flag, which Live Oak proudly flies above our school every day," said Steve Betando, Morgan Hill schools' superintendent said. "This case has always been about protecting the safety of students."

    Rejecting free speech arguments from parents, Republican lawmakers and conservative groups, the 9th Circuit last September also refused to reconsider that decision. Lawyers for the parents, backed by 20 Republican members of Congress, had asked the 9th Circuit to rehear the case with a special 11-judge panel. Three 9th Circuit judges dissented, saying they disagreed with both the court's ruling in the case and its decision to not grant a new hearing.

    A unanimous three-judge panel had found that the school's actions were reasonable given the safety concerns, which outweighed the students' First Amendment claims. "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 judges ruled.

    At the time of the incident, the legal flap drew nationwide attention to the parents' First Amendment argument that no circumstances warrant a school forbidding a student from wearing a shirt with the American flag. The parents have told this newspaper the students were only showing their patriotism and did not intend to incite trouble with Latino students on Cinco de Mayo.

    The 9th Circuit decision relied heavily on the U.S. Supreme Court's 1969 precedent on when schools can cite safety concerns to justify taking action that might violate student free speech rights. The Supreme Court would have had to revisit the precedent to take the case, which was urged by 9th Circuit Judge Diarmuid O'Scannlain, who dissented when his court refused to reconsider its ruling.

    At the time, O'Scannlain warned that leaving the 9th Circuit decision in place would mean the "demands of bullies will become school po
     
  2. The Mello Guy

    The Mello Guy Well-Known Member

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    Did these kids wear these shirts often or just on May 5th?
     
  3. SiNNiK

    SiNNiK Well-Known Member

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    I've come to expect that from those demographics, what I find distressing is that it's now seen as provocative and disruptive by the administration. Hell we used to say the Pledge of Allegiance when in school. SMH.
     
  4. Brewskier

    Brewskier Well-Known Member

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    I don't know. Why does that matter?
     
  5. The Mello Guy

    The Mello Guy Well-Known Member

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    If that's the only time they wore them then it's clear their intention was to disrupt
     
  6. Brewskier

    Brewskier Well-Known Member

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    Why would an American flag disrupt anything? Don't these people live in America?
     
  7. ArmySoldier

    ArmySoldier Well-Known Member Past Donor

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    If the American flag, which those died to give you, is distractive...then those who are distracted by it obviously don't belong here. They belong in a loving place like North Korea where anything distractive is banned. Movies, TV, outside Radio, AMERICAN FLAGS...etc.
     
  8. Wolverine

    Wolverine New Member Past Donor

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    A flag... disruptive? lol

    If the Cinco De Mayo celebrators are offended, they can move back to their home country.

    Less hand holding, less coddling, and more deal with it. Pretty simple.
     
  9. Brewskier

    Brewskier Well-Known Member

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    We are told over and over that these people cross over illegally because they want a better life and to become productive, law-abiding, tax-paying citizens, yet they act offended if an American flag is on display during one of Mexico's national holidays?

    It's almost as if they are here for other reasons.
     
  10. Wolverine

    Wolverine New Member Past Donor

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    If it is that offensive, they can leave.

    This is coming from someone who does not pledge allegiance to the Almighty State.
     
  11. Steve N

    Steve N Well-Known Member Past Donor

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    So if you wore a shirt that drove me to do stupid things in school, you would be the disruptive one and not me? Aren't we all responsible for our own actioins? And why did these illegals bother coming here if they're offended by our partiotism?
     
  12. Oldyoungin

    Oldyoungin Well-Known Member

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    It doesn't , it's beyond ridiculous.
     
  13. Thirty6BelowZero

    Thirty6BelowZero Well-Known Member Past Donor

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    Oh? How do you know this?
     
  14. Oldyoungin

    Oldyoungin Well-Known Member

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    Shhh, logic is not wanted !
     
  15. After Hours

    After Hours Well-Known Member

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    Where's your proof that they were illegals?
     
  16. Steve N

    Steve N Well-Known Member Past Donor

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    He doesn't. But I'm sure he thinks that Mexicans flying the Mexican flag above the American flag is just dandy. If I did to the Mexican flag what you see being done to the American flag, I'd be called a racist.

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  17. Grizz

    Grizz New Member

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    Schools have fairly wide latitude when it comes to issues that might, in other places, be considered an infringement of a person's rights. In this case, where is that the court apparently noticed and why they ruled in favor of the school: ... in favor of Live Oak High School administrators, who argued that a history of problems on the Mexican holiday justified the decision to act against the American flag-wearing students. I'll also guess that a large group of students who somehow just happened to "decide" to wear a flag shirt on Cinco de Mayo could be construed as provocative by the staff.
     
  18. Steve N

    Steve N Well-Known Member Past Donor

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    I have it tucked away in the same file that says the American flag is disruptive on government and private property within in the United States of America.
     
  19. Brewskier

    Brewskier Well-Known Member

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    Why would it be provocative, though? Don't they live in America? Why would that be offensive to them?
     
  20. After Hours

    After Hours Well-Known Member

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    This is basically what happened. It was an attempt by students to harass other students.
     
  21. CJtheModerate

    CJtheModerate New Member

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    As long as this ruling is not abused (it probably will be), I don't have much of a problem with it.
     
  22. After Hours

    After Hours Well-Known Member

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    So I imagine the good ole boys wore American flag t-shirts on Saint Patricks day, amirite?
     
  23. Brewskier

    Brewskier Well-Known Member

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    Nice dodge. Can you answer why American flags would be offensive and provocative to Mexican students?
     
  24. Grizz

    Grizz New Member

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    I'll leave that to you to ponder ... as soon as you get your tongue out of your cheek.
     
  25. Steve N

    Steve N Well-Known Member Past Donor

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    Better uet, if wearing an American flag in America is provocative, then what is celebrating a Mexican holiday in America?
     

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