Is banning a few students from wearing U.S. flag T-shirts really the best way to maintain order in a public school?
Really?
That’s what officials at Live Oak High School in Morgan Hill, Calif., insist they were doing last year on Cinco de Mayo.
And now a federal judge has concluded they were not outside First Amendment bounds.
But surely that ruling won’t stand.
And from afar, it seems that the best teachable moments in this controversy have long passed without the right lessons being taught.
Three families sued the Morgan Hill district, south of San Jose, after five students were told to turn their flag shirts inside out or go home when they wore them during the school’s observance of Cinco de Mayo, a Mexican holiday increasingly marked in the United States as a celebration of Mexican-American heritage and culture.
School officials said they were worried about the flag-wearing students’ safety because the previous year groups of Hispanic and Anglo students had yelled obscenities and threats at each other.
But if officials were so concerned about potential violence, why didn’t they take actions beforehand to defuse what probably were ongoing tensions in the school? They could have held an assembly focused on promoting mutual respect or encouraged teachers to include classroom discussions on honoring cultural differences.
A more thoughtful response could have benefitted wide swaths of the student body without singling out a handful of kids who wore flag-themed clothes — not drug slogans, vulgarity, racist symbolism or other displays carrying a clearer threat of disruption to the school’s educational mission.
The court record shows that one of the shirts had “America” written in cursive across a replica of the Declaration of Independence, for goodness’ sake.
Now, the Declaration did, at one point in U.S. history, amount to fighting words in a figurative sense. But telling a kid he can’t wear those words proudly in a public school seems to be a mindless distortion of government authority that stands the First Amendment on its head.
Nevertheless, U.S. District Judge James Ware in San Francisco dismissed the suit against the Morgan Hill district on Nov. 8. He said the principal and assistant principal “reasonably forecast” that the shirts “could cause a substantial disruption with school activities” and thus they acted within the limits set by the Supreme Court’s 1969 ruling in Tinker v. Des Moines Independent Community School District.
Tinker said students don’t shed their free-speech rights at the schoolhouse gate, but the court also allowed authorities to restrict those rights in the interest of maintaining order in the classroom.
That’s why federal courts have upheld such things as bans on Confederate flag displays in schools with a history of racial conflicts.
But letting a school official ban display of the United States’ national symbol on the spur of the moment because he’s worried about what might happen? That just seems to go beyond reasonable protection of student safety, especially when there’s no evidence that the students were deliberately standing in anyone’s face instigating violence.
Contrast Ware’s ruling with one by U.S. District Judge Laurie Smith Camp in Omaha, Neb., on the same day.
In that case, a mother and her three children sued the Millard school district over suspensions received for wearing T-shirts honoring a friend who was gunned down, allegedly by a street gang member. The students wore the shirts, which said “Julius, RIP,” for several days at two different schools before officials banned them. The student who designed the shirts said he was selling them to help raise money for his dead friend’s family; school officials said they could convey a gang message and provoke retaliation.
Camp ruled the suit could go to trial because officials hadn’t shown evidence that would justify “a well-founded expectation of disruption.”
I realize I can’t possibly understand what it’s like to be a public school administrator responsible for the education and safety of other people’s children. They need some leeway to exercise good judgment under often-trying circumstances.
But here’s the inescapable irony the Morgan Hill case creates:
Under Supreme Court precedent, an Occupy protester could burn a U.S. flag on the sidewalk as a political statement without getting punished. But in one corner of California, a high schooler can be sent home for wearing a U.S. flag T-shirt on campus if the principal’s worried it could start a fight.
Can somebody please alert the Colbert comedy team?
• Campbell is a columnist and editorial writer for the Fort Worth Star-Telegram.
Comments (39)
Add commentWhat's the problem?
Most schools don't even say the pledge of allegiance anymore because its considered offensive. Every symbol of this country is being torn down. We'll be having protests against Thanksgiving in the next few days. Even Abraham Lincoln has recently been accused of being a white supremacist. Cinco de Mayo can be celebrated in schools but kids can't fly the US flag, wonderful.
Just in case...
...the article couldn't get enough red-blooded, chest thumping, flag protecting patriotism going with his description of the two court cases, he had to throw in 'flag burning' and 'Occupy protesters' (the new substitute for 'hippies') at the end.
Does nothing to inform or edify, but I guess it sells papers in Texas (and Juneau?).
Bong Hits For Betsy Ross!
You think Live Oak High School hoisted the red, white and green Mexican flag on the pole out front instead of Old Glory?
Queued for moderation?
Nothing like being sent to the corner by newspaper staff.
Presumptive
These children wearing the flag t-shirts on Cinco de Mayo can be made to sound like they are sweet, patriotic boys and girls.
They also could have been murmuring, "Go back home, (insert derogatory racial name here)." Who are we to make judgements --- when a JUDGE has already made a judgement!?
OBVIOUSLY, the court case had enough evidence to determine that the school was within its rights. Perhaps we should have a little more faith in FACTS and EVIDENCE and a little less inflammatory suppositions.
Are you sure that the child with the Declaration with the word America was wearing that t-shirt innocently, to celebrate his American heritage (coincidentally on a day to show appreciation for the Hispanic culture), and in NO WAY meant to portray anything negative or political to his Hispanic peers? The judge clearly heard EVIDENCE that convinced him (or her) that there was cause to believe that the shirts were worn for negative/inflammatory reasons, not sweetly innocent American patriotism.
This can be spun in a number of ways. I think given the nature of the case, the judge must have seen plenty of reason to support the school's decision. The writer's suggestion to have a peaceful assembly to promote good interracial relationships seems ironic since her intention with this piece is clearly to promote more anger and insensitivity. Way to go in helping America be a better place, Linda.
Omaha or San Francisco?
Since when does being openly American on May 5 or any other day constitute reprimand? This is America, after all.
coming your way
The high school in question was very similar to current JDHS 25 years ago, recentlly it has gone thru a major transition with a tidlewave of immigration, some legal, some not. Whites are a minority. The education quality has certainly suffered due to english as a second language learners, migratory population and a recently arrived culture that doesn't value education as highly as 3rd/4th generation Americans. The high school students are told they cannot wear red or blue shirts, jackets, baseball hats, certain sport team and trendy logos, etc as street gangs have taken these colors and insignias as their own and they shoot each battling over respect, drug trade and turf. This is what it is like to go to school in Gilroy, CA now, maybe Juneau in the future? There is some frustration inherent in these restrictions and I would say the individuals involved were attempting to demonstrate their frustration to their current circumstances. Why would we celebrate Cinco de Mayo, it really isn't an American festival or holiday? However, you will see Mexican flags and celebrations all over California for this special day, for Mexican Americans.
The writers comparision of an "occupiers" rights (to burn a flag) versus that of a high school student(to wear certain cloths) at a public high school does not make any sense. The student (minor) has to sign a code of conduct agreement and there are rules and regulations at a school that sometime conflict with our freedoms granted by the constitution, if they did not have these limitations high schools would basically be anarchy-similar to the occupy movement.....
Cancel it:
If these officials at Live Oak High School really wanted to skirt around the possibility of trouble they should have canceled any celebration of Cinco de Mayo.
More needs to be done
The judge stopped far too short of what real justice calls for. The kids should have been booked, fingerprinted and charged with felony patriotism. Further permanent suspension from the public school their parents paid for until these troublemakers can demonstrate a clear understanding and compassion for other cultures would show anyone else proud of the American flag and our own culture that they better get in line. Those mexicans have got here the hard way crossing rivers and deserts thru cold and dark. California actually belonged to them, so they say, in the old days. All they want is a free US education, free social programs and the ability to raise weed in the California national parks. If they want to celebrate a holiday from their homeland it should be forced on everyone in the school. Perhaps next time a real judge will do the right thing.
Bingo, Milspec. These
Bingo, Milspec. These children celebrating Cinco de Mayo can be made to sound like they are just sweet, innocent hispanics simply celebrating a holiday (that's not even celebrated in Mexico) and not doing things like taunting, threatening, or intimidating other students or flying the Mexican flag above the American flag.
Maybe, just maybe, some of the students decided to fight back. I am speculating, however, if you lived down south for a long enough time period and had two eyes to see, you would understand.
I also agree with Latitude58 that the OWS flag burning comment was a cheap shot.
Did Live Oak High School...
hoist Mexico's flag instead of Old Glory?
California
Thank goodness I kept reading before blowing an aneurism. For a second, since I was reading the Juneau Empire, I thought that a local school was actually stupid enough to try this here. While it's certainly true that within schools free speech rights can be somewhat curtailed (Juneau has been on the front lines of that argument), outright banning of wearing the Colors really amounts to nothing more than a liberal do-gooder ploy to impose their own over-developed sense of morality upon others. It's not surprising that this is happening in the People's Republic of California. While Juneau is certainly more liberal leaning than the rest of Alaska, let's hope it doesn't come to this nonsense.
I think some of you people
I think some of you people need to find something more productive to do with your time than get angry about a school banning American flags on a certain day, as if that's any worse than random searches of lockers or suppression of other kinds of free speech.
It seems like many of you above only get offended by unconstitutional behaviors when they pertain to things you like, and not when they pertain to things like drug use, tasers, or bullying gays/brown people/liberals. I wonder why that is.
Of course it is, but as with
Of course it is, but as with many things, just because you have a right to be a hypocrite doesn't mean you should be.
yawn.
Isolated incident, in nut-ridden California.
Yawn.
Stop worshipping the flag.
Patriotism being banned...
Pretty sad to see this happen. Not surprised though. I lived in CA for 8 years. I'd vote to give CA to Mexico, sense that is where their true allegiance is.
Jo MacNamara
"Isolated" really???? you could not be more wrong.
judging from your previous posts, you should live in the forest with those Californian nuts!
Yup! Can't ban a friggin'
Yup! Can't ban a friggin' symbol that only has the power we attribute to it! But no sense getting in an uproar over institutionalized police brutality or the banning of certain behaviors that affect no one else or censorship of things that are actually, you know, ideas that hold weight.
But the flag? Shuck 'em up! This is 'Murikah! Nothing says "freedom" like misplaced rage!
Pers...
UPROAR?!
First off, these kids shouldn't wear the flag to begin with due to our flag code and granting it proper respect. But at least they were trying to show national pride. The US flag is to be treated as a living entity, just like our Constitution is a living document. But Persnickety, since you don't believe in our Constitution, I can see where you wouldn't care about our flag either. And since you aren't a person who ever fought for and defended our Constitution, "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic," I can understand why you find other things more important than our flag or the US Constitution.
Pers, I hope we never meet...
I'm sorry? Where does it say
I'm sorry? Where does it say the flag is to be treated as a living entity in the Constitution?
Oh, that's right: it doesn't.
Come back when you can act a little less shallow. I could care less about a worthless flag when the actual principles of the country are being violated by your ilk every day.
I usually side with the
I usually side with the leftists. On this one I kind have to question why it is that we, in the USA, have to show some sort of consideration for another country's national holiday. Do the Mexicans in Mexico allow America students in Mexico to come into schools there and make a big deal about the 4th of July? This is the United States of America and the 5th of May is not a national holiday here. And, that's the name of that tune.
Ich
If the ACLU is leftist, then you've still sided with the leftists. Thank you for expressing a very valid concern without resorting to jingoism or childish outbursts.
wren, well said. Ich, often I
wren, well said. Ich, often I do not agree with your views, however, you are so right! in other countries you get stoned to death for being American. Not saying we need to do the same, but we should be allowed to be patriots in our own country!
I lived overseas for quite some time, I've never seen a country where their own people disrespect their own flag so much!
Persnickety Persimmon, flag is the only thing we have to show that we are a united country, we do not have language or the boarders anymore....
Pers...
Flag Code: http://www.ushistory.org/betsy/flagetiq.html
"The flag represents a living country and is itself considered a living thing." Section 8j
Yea, it does say it!
Oh, and shallow you say? Shallow is when stupid people like me defend the rights of disrespectful people like yourself. You are only so lucky to have "shallow" people like myself making sure you are protected and can keep complaining about how you don't like this country. You preach Socialism, a failed system everywhere it's been tried. You talk down on the Constitution, something millions of Americans have faught and died for. How shallow of me to think of myself as being someone who is allowed to have an opinion in todays society. At least I served!
Pers, you are the domestic enemy the oath we took when joining the military spoke about. From virtually every single post you have made on this site, you have shown me that you are a leftist socialist, not a believer in our country simply someone trying to overthrow the ideals that founded this country from within.
wren
this is so right, because of our Constitution the enemy within is able to say what ever he/she wants to begin with.
to the leftist - I've seen Socialism first hand, trust me, it is not any better but worse than what we have now. There are many countries that have or had socialistic economy, go live there for few months and see if you'll still be into it!
@wren: that doesn't come from
@wren: that doesn't come from the constitution, that comes from the flag code.
1) You claim to uphold the constitution without knowing what it actually says.
2) You seek to stifle free speech you don't agree with, despite that very right being guaranteed to us by the Bill of Rights, which is part of the Constitution.
3) You are more concerned with the flag, a useless symbol on its own, than actual abuses of power and constitutional trespasses by our government.
4) You think that you are more of an American because you served in the military than someone who didn't, which is in direct contradiction to the egalitarian values our constitution espouses.
Just goes to show standing for the flag and standing for the country are two different things. Pathetic.
No...
Actually, you are pathetic. I don't know a vet nor active duty military person alive that wouldn't stomp you into the ground for saying the things directly to their face that you've said here on the Empire.
1) You only use the Constitution when it serves you. Then you twist the words and interpret them in a method not intended by it's words.
2) I don't seek to stifle free speech at all. Any speech against what you say you seem to feel that way about though. Same goes with most leftist movements. You don't see conservatives overrunning leftist events. But leftists can't say the same. Say what you want, and actually, have the integrity to say what you actually are, a socialist.
3) The flag represents our nation. Yes, it is in the Flag Code, not the Constitution. And anyone who respects our country should abide by it!
Yep, you are pathetic!
Threatening people who
Threatening people who utilize their right to free speech is so patriotic.
You must be very proud to be such a staunch defender of the flag--so much so that you forget about the things it's supposed to stand for.
Years ago, there was a
Years ago, there was a conference in Havana attended by of a bunch of left-wing radicals from a bunch of nations. Each national group had its country's flag in front of its place at the conference table. The Weathermen were representing the USA. The group from the USA took the American flag and tore it to bits in front of the other delegations who all looked on aghast it the Americans' actions. A person from another country finally said, "What are you doing?"
The reply from one of the Americans was something along the lines of, "Hey man, it's the symbol of corruption and oppression."
To this, many delegates from other countries pointed out to the Americans that the flag was the symbol of their country and they were suppose to love their country. That what they were trying to achieve was out of love for their country. These were people who had no love for the American system or the American government.
For what it's worth, I've traveled all over the world. I've met lots of people who don't care for American foreign policy or many aspects of America. However, I have never been treated badly for being an American. I have gotten stoned with people of countless nationalities. I have gotten stoned with a lot of Muslims, Jews, Atheists, etc. I have gotten stoned with lots of communist, and several FOX Channel--watching right-wingers. Most people out there in the world don't really care where you come from or what church or mosque you go to. The main thing is to avoid being an a$$hole.
MS13
If a school will not allow a US flag, they should not get a dime of Federal Money. Drug test the Teachers, Drug test the officials and drug test Judge. To quote that other poster, Bong hits for Betsy Ross. That really put it into perspective. Those pasty white kids had Cohunes to show US pride. Give California to Mexico and get it over with.