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U.S. Ninth Circuit Court of Appeals Upholds Ban On U.S. Flag Shirts
Posted on 9/30/14 at 4:15 pm
Posted on 9/30/14 at 4:15 pm
quote:
Rights: A Ninth Circuit Court ruling that students can't wear American flag T-shirts because they may offend Mexican students celebrating Cinco de Mayo is a ridiculous yet dangerous assault on the First Amendment.
On Sept. 17, more than four years after Live Oak High School in Morgan Hill, Calif., sent students home for wearing American flag t-shirts, an 11-judge Ninth Circuit Court of Appeals panel ruled that it was the right choice, "tailored to avert violence and focused on student safety."
The decision upheld the court's three-judge ruling in February that justified the school's actions based on tensions between Mexican and American students. Past events, Judge M. Margaret McKeown wrote, "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real."
We are not making up this surreal situation. Oh, yeah, the incident occurred on Cinco de Mayo, which celebrates the defeat of the French army of Napoleon III by Mexican forces in the Battle of Puebla on May 5, 1862.
It's often mistaken as Mexico's independence day and is actually celebrated more in the U.S. than in Mexico.
The shirts offended Mexican students who, the Ninth Circuit ruling states, responded by shouting, "They are being racist. F*** them white boys. Let's f*** them up."
According to the court, the wearing of an American flag t-shirt on Cinco de Mayo was the functional equivalent of yelling "fire" in a crowded theater.
William Becker, a lawyer for the students, has said that he'll take the case to the U.S. Supreme Court. "The 9th Circuit upheld the rights of Mexican students celebrating the holiday of another country over U.S. students proudly supporting this country," he said.
The ruling sets a chilling precedent that "by threatening violence against those with whom you disagree, you can enlist the power of the state to silence them," wrote Judge Diarmuid O'Scannlain in a dissent.
LINK
Posted on 9/30/14 at 4:16 pm to Sentrius
quote:
U.S. Ninth Circuit Court of Appeals
quote:
Upholds Ban On U.S. Flag Shirts
Shocked, shocked I tell you.
Posted on 9/30/14 at 4:17 pm to Sentrius
Eh. Schools have had dress codes for decades. Not saying I believe in the inherent ability of dress codes to keep order, but this is not some huge precedent.
Posted on 9/30/14 at 4:18 pm to Sentrius
quote:
According to the court, the wearing of an American flag t-shirt on Cinco de Mayo was the functional equivalent of yelling "fire" in a crowded theater.
Posted on 9/30/14 at 4:18 pm to Wally Sparks
Why don't they just wear uncle Sam shirts or shirts with bald eagles or statue of liberty instead?
Better yet would be a "dos a cero" shirt
Better yet would be a "dos a cero" shirt
This post was edited on 9/30/14 at 4:19 pm
Posted on 9/30/14 at 4:19 pm to SirWinston
Owlie is going to be pissed.
Posted on 9/30/14 at 4:20 pm to Sentrius
quote:
American flag T-shirts
Trashy
Posted on 9/30/14 at 4:21 pm to Wally Sparks
quote:
"The 9th Circuit upheld the rights of Mexican students celebrating the holiday of another country over U.S. students proudly supporting this country,"
So basically immigrants to this country who are hoping for citizenship in the USA are legally protected from having their feelings hurt regarding the country they chose to leave?
Posted on 9/30/14 at 4:21 pm to arseinclarse
quote:
According to the court, the wearing of an American flag t-shirt on Cinco de Mayo was the functional equivalent of yelling "fire" in a crowded theater.
Soooo... Are they wearing these shirts in Mexico?
No?
Posted on 9/30/14 at 4:22 pm to Green Chili Tiger
Yeah Wtf would wear that other than trailer park poors.
Posted on 9/30/14 at 4:23 pm to Sentrius
People spend money and time over the dumbest things
Posted on 9/30/14 at 4:24 pm to Sentrius
Posting links and snippets without personal commentary added should not be allowed on this site. We can gather news from elsewhere.
Posted on 9/30/14 at 4:25 pm to Sentrius
There are those who believe that wearing the flag is disrespectful.
Posted on 9/30/14 at 4:25 pm to Sentrius
quote:
The ruling sets a chilling precedent that "by threatening violence against those with whom you disagree, you can enlist the power of the state to silence them," wrote Judge Diarmuid O'Scannlain in a dissent.
A 'whole lot' of people missing out on this point. I can't say I'm shocked any longer. This country has been slowly euthanized over the last 60 years.
Posted on 9/30/14 at 4:27 pm to Sentrius
Should the proper response be to wear flaming Mexican Flag shirts next year?
I'm not proposing a course of action, I'm just asking questions.
Wouldn't it be easier if the Ninth Circuit just published a list of things we can wear on May 5th?
I'm not proposing a course of action, I'm just asking questions.
Wouldn't it be easier if the Ninth Circuit just published a list of things we can wear on May 5th?
Posted on 9/30/14 at 4:29 pm to Sentrius
quote:
The ruling sets a chilling precedent that "by threatening violence against those with whom you disagree, you can enlist the power of the state to silence them," wrote Judge Diarmuid O'Scannlain in a dissent.
This.
Posted on 9/30/14 at 4:29 pm to Vegas Bengal
quote:
People spend money and time over the dumbest things
If Louisiana passed a law saying you can't wear Che Guevara shirts on Veteran's Day or Memorial Day, you'd be one of the first plaintiffs the ACLU would line up for their suit, and you know it.
Either all of it is okay, or none of it is (within reason), and the threat of violence shouldn't be the test.
Posted on 9/30/14 at 4:30 pm to Rex
quote:
Posting links and snippets without personal commentary added should not be allowed on this site.
That's like, your opinion man......
Posted on 9/30/14 at 4:31 pm to Rex
quote:
We can gather news from elsewhere.
But those outlets lack your expert commentary.
Posted on 9/30/14 at 4:34 pm to Sentrius
quote:
William Becker, a lawyer for the students, has said that he'll take the case to the U.S. Supreme Court. "The 9th Circuit upheld the rights of Mexican students celebrating the holiday of another country over U.S. students proudly supporting this country," he said
Yep.
This country is truly fricked.
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