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Old 10-18-2013, 07:23 AM  
KILLER_CLOWN KILLER_CLOWN is offline
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Students’ right to wear American flag shirts on Cinco de Mayo heads to federal appeal

Students’ right to wear American flag shirts on Cinco de Mayo heads to federal appeals court

A federal appeals court is considering whether administrators of a school marred by racial tension and gang activity went too far when they sent home students who arrived wearing American flag shirts on a Mexican holiday.

The three students showed up at Live Oak High School on May 5,
2010 and were quickly told to either cover up their attire by
turning their shirts inside out or go home. May 5 also happens to
be Cinco de Mayo, an annual celebration of Mexican heritage. The
holiday is popular throughout the US, particularly in the
southwestern states, and is related to a historical battle
against French forces in the Mexican state of Puebla.

Administrators said they told the students to hide their clothing
because of heightened stress and shouting matches between
students on Cinco de Mayo in 2009 at the school, which is located
approximately 20 miles from San Jose in central California. The
students claim there was no evidence that their clothing had
incited any tension and that “American schools cannot
logically ban the American flag for any duration or reason.”

Mexican students told KSBW.com that they felt disrespected by the
students’ clear decision to coordinate their outfits. “We
would never do that on the Fourth of July,” one student said.

“I did nothing wrong,” student Daniel Galli said in 2010.
“I’m American and I’m proud to be American, so that’s why I
wore it.”

Kevin Paulson, former editor in chief of USA Today and the
current president of the First Amendment Center, told the
Christian Science Monitor that the court case that followed
touches on so-called the “viewpoint neutrality.” A speaker
in public, for example, is permitted to espouse any belief in
public, even ones that might be offensive. Students have not
traditionally shared the same privilege.

“The real oddity is that students wearing the same T-shirt on
Memorial Day would be applauded, which makes it pretty tough on
administrators to [define] whether an American flag T-shirt is
subversive or patriotic,” Paulson said.

The now-retired Chief Justice Hames Ware tossed the case from
court in 2011, ruling that school administrators have a
responsibility to eliminate even the “perceived threat” of
violence. He wrote that “our Constitution grants public school
children only First Amendment rights when they enter the
schoolhouse gates.”

Each student’s lawyer is affiliated with a non-profit firm tied
to conservative political causes. William Becker Jr., a counselor
at the newly formed Freedom X in Los Angeles, said Ware was
“unfortunately too wrapped up in political correctness” in
his ruling.

They appealed Ware’s decision and the case was heard on Thursday
in the 9th US Circuit Court of Appeals. The three-judge panel is
not expected to rule Thursday.

Ninth Circuit Judge Sidney Thomas noted the First Amendment
implications that the court’s ruling could have.

“If you have tolerance days, you have to endure the views of
anti-tolerance,” Thomas told the school district’s lawyer, as
quoted by the San Jose Mercury News.

But other judges mentioned how school leaders are now forced to
cope with everyday intimidation to the possibility of serious
violence on school grounds. How free speech fits into that puzzle
remains unclear.

“Here, the school is saying on this day, in these
circumstances, with racism floating around…we’re not going to
risk having a blowup here. So one day only let’s defuse
this,” Judge Margaret McKeown said. “What’s wrong with
this? You have to wait until they duke it out in the
courtyard?”

http://rinf.com/alt-news/breaking-ne...s-court/79811/
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Old 10-18-2013, 08:46 AM   #2
loochy loochy is offline
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wait what?
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Old 10-18-2013, 08:47 AM   #3
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RELIGION OF PEACE

wait what?
Flag of war is what you're looking for....
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Old 10-18-2013, 08:48 AM   #4
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The school's probably a dump. If they had any sense they'd move to a different district as soon as possible anyway.
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Old 10-18-2013, 08:49 AM   #5
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Originally Posted by loochy View Post
RELIGION OF PEACE

wait what?
What does religion have to do with this?
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Old 10-18-2013, 09:53 AM   #6
loochy loochy is offline
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What does religion have to do with this?

Dey took r jobz?
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Old 10-18-2013, 09:56 AM   #7
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I would've been expelled/sent home, and my dad wouldn't have done shit except raise holy hell with the school
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Old 10-18-2013, 10:46 AM   #8
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check off another example not to let my kid enter a public school.
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Old 10-18-2013, 10:48 AM   #9
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check off another example not to let my kid enter a public school.
Yep...
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Old 10-18-2013, 10:55 AM   #10
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Old 10-18-2013, 11:52 AM   #11
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The kids were just trying to be dicks. Be a dick at home. If you're a dick at school, you might get sent home.
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Old 10-18-2013, 11:55 AM   #12
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The kids were just trying to be dicks. Be a dick at home. If you're a dick at school, you might get sent home.
Must be nice to be able to ascertain people's intentions from miles away.
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Old 10-18-2013, 11:56 AM   #13
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The kids were just trying to be dicks. Be a dick at home. If you're a dick at school, you might get sent home.
How dare anyone wear something with a symbol of America on it...how dare they!
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Old 10-18-2013, 12:37 PM   #14
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OK, so the holiday is a commemoration of a Mexican victory in a battle with the French, but somehow wearing an American flag shirt would piss off American kids of Mexican descent living in the United States? Need a program.
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Old 10-18-2013, 04:07 PM   #15
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So if these kids win the lawsuit do they get an extra day of school to make up for the day that they missed? They have asked for $1 nominal damages.

The kids lawyers who work for "non-profit" legal foundations could get attorney fees if they win at trial, but IMO, if this case were tried, these kids would have to get on the witness stand and explain why they coordinated wearing American flag shirts on this day. How many other days during the school year did they coordinate wearing American flag shirts? How many days out of the year did either of them individually wear American flag shirts? There is also the inconvenient fact that the lead Plainitff had an altercation the previous Cinco de Mayo over the same thing.

If the law says that schools can be more restrictive than other public institutions if there is a reasonable concern about disruptions or violence, the jury would have to decide if these kids expected to cause a disruptions and what information did the school believe when they made the decision to ask the kids to turn the shirts inside out.

All of this kids are being persecuted for wearing the American flag to school stuff sounds wonderful in the abstract, but if these kids take the witness stand are they going to come across as being more anti-Mexican than pro-American?

I doubt the 9th Circuit reverses the current decision. If they did. I doubt these kids would win at trial. I think it is notable that the kids' lawyers filed a motion for non-jury trial after the school defendants asserted their 7th Amendment jury trial right. What does that say about the confidence of the kids' lawyers that regular people would find that these kids did not expect to contribute to a situation that could get out of hand based on what happened the previous year.

I think the big fact in the kids favor is that they made it through part of the schoool day without anything really happening other than other kids telling them and the principal that something could happen. But, the kids stayed away from school the next available school day out of fear that they would get beat up. How are these kids going to prove that the school administrators were unreasonable to think that a disruption could happen, if these kids were afraid of going to school the next day because of what happened?

I think it would be hard to overcome that fact if this case were tried. Let's see, Plaintiff schoolkids who are being mostly celebrated in the media as patriotic martyrs are afraid to have a citizen jury decide their case against school administrator defendants who have been portrayed in the media as overly politically correct a**holes. That adds up to kids' case is not winnable.

The 9th Circuit should reverse so that these kids would have to take the witness stand and so the kids' lawyers would have to say to the jury that the kids' damages for violation of their constitutional right has a monetary value of 1 single dollar bill.

The 9th circuit will probably do the merciful thing and affirm the lower court. Plaintiffs' lawyers may ask for SCOTUS review, but the SCOTUS really could only send it back for a trial unless it wants to deny the school defendants their 7th Amendment jury trial right.
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