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WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban

 
Gypsy Priest
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10/17/2013 08:26 AM
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WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
Racial tensions and gang problems were plaguing a Northern California high school when three students arrived for classes in 2010 wearing American flag T-shirts on Cinco de Mayo.

Unpleasant verbal exchanges and altercations marked the previous year's Cinco de Mayo celebrations at Live Oak High School in Morgan Hill, 20 miles south of San Jose. So when students told administrators that trouble was a possibility because of the American flag attire, the students were ordered to turn their shirts inside out or go home.

They went home, and the incident sparked a national debate, prompting satellite news trucks to camp outside the school for several days afterward as well-known pundits across the political spectrum argued about the issue over the airwaves. Cinco de Mayo is observed by some as a celebration of Mexican heritage.

The three students have since graduated, but a federal appeals court in San Francisco on Thursday will consider their lawsuit alleging the school violated their free speech and equal protections rights guaranteed by the U.S. Constitution. The three-judge panel of the 9th U.S. Circuit Court of Appeals is not expected to rule Thursday.

A lower court tossed out the students' lawsuit in December 2011, ruling that school administrators have wide legal latitude to ensure the safety and effective operation of their campuses and a "perceived threat" of violence vindicated the principal's decision.

The lower court judge who tossed out the case, the now-retired Chief Judge James Ware, noted that "our Constitution grants public school children only limited First Amendment rights when they enter the schoolhouse gates," while conceding this particular case has landed in "important legal territory."

[link to www.foxnews.com]

This is the United States, right? Well, heads up! Unless something is done, all will be lost to the invasion of illegal immigrants and our government allowing it.
********Get your facts first, then you can distort them as you please*******
Gypsy Priest  (OP)

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10/17/2013 08:37 AM
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Re: WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
University of California, Los Angeles, law professor and free speech expert Eugene Volokh calls such punishment a "heckler's veto." In public, speakers are protected from such a restriction and allowed to voice most opinions. On-campus students don't enjoy the same free speech rights.

"A school may restrict a student's speech," Volokh said, "to prevent unruly disruptions."

Still, Volokh said administrators can — and sometimes do — go too far and overreact to a perceived threat that may not cause a big enough on-campus stir to warrant the censorship.

"The fact of the matter is that these Americans were punished for wearing the American flag at an American school," Volokh said.
The students' lawyers work for three separate nonprofit legal centers dedicated to politically conservative causes.

[link to abcnews.go.com]
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Anonymous Coward
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10/17/2013 08:54 AM
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Re: WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
this makes no sense and seems like shill work.

cinco de mayo is an American made holiday.
Gypsy Priest  (OP)

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10/17/2013 12:11 PM
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Re: WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
bump
********Get your facts first, then you can distort them as you please*******
Anonymous Coward
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10/17/2013 12:15 PM
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Re: WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
9th U.S. Circuit Court of Appeals? LOL

Arguably the most rabid, anti freedom, far left judiciary in the entire country.
Anonymous Coward
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10/17/2013 12:15 PM
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Re: WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
Ban cinco de mayo!
Gypsy Priest  (OP)

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10/17/2013 12:24 PM
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Re: WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
9th U.S. Circuit Court of Appeals? LOL

Arguably the most rabid, anti freedom, far left judiciary in the entire country.
 Quoting: PumpkinReaper


hesright
********Get your facts first, then you can distort them as you please*******
Gypsy Priest  (OP)

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10/17/2013 12:24 PM
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Re: WTF!! Appeals court to consider Calif. school's Cinco de Mayo American flag ban
Ban cinco de mayo!
 Quoting: Anonymous Coward 19071775


fuckyeah5
********Get your facts first, then you can distort them as you please*******





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