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 commentThank you, Empire
For selecting an editorial that served but one purpose - to drive a wedge between the community. You must be very proud. [filtered word]s.
Divisive
I know that it's important to share others' views, but, JE staff, this did seem to be selected only to bring out anger and prejudice in people, or to be an open door to bitter commentary by posters. There is little connection to our community here.
There is a connection
@fisherwoman44: It was not long ago that there was quite a dust-up in the courts over free speech in Juneau schools. I think this commentary addresses a similar issue. And, since even a staffer's heartwarming column about giving thanks at Thanksgiving drew "bitter commentary," I think there are some on these boards who don't really need an "open door" to engage in such behavior.
@Latitude 58: Editorial pages are not designed to lower one's blood pressure, they are designed to inspire robust community debate — the kind that might sway people or at least broaden their understanding of an opposing perspective. We don't think that constitutes something as dramatic as "driving a wedge" in the community. When I need a calming and entertaining read I go to the comics page.
U.S. Flag opinion piece
Really interesting piece - thank you JE. It clearly got folks talkin'. After reading through all the comments, I re-read the article and I changed my initial reaction.
I think, first, that including the part about OWS and burning the flag was rather relevant instead of a cheap shot. It is an interesting contrast that burning the flag is protected but wearing the flag (or the Declaration of Independence) in a public school is not, at least according to one federal judge. [as an aside, I've always felt that wearing the flag seemed disrespectful in terms of how folks feel about the flag of their country being a symbol of whatever that country's mythology means to them. It seems demeaning to turn that symbol into a bikini - but I also do not particularly care for symbols if they are not backed up by actions that demonstrate American values (in this case) and so many of those who wear the flag seem to be self-promoting their patriotism rather than the actual values the flag is supposed to represent, which is what PP was saying, I think.]
But this case is actually about maintaining control over school children, I think. And I believe that's what the judge's ruling was really about - that the administrators of the school have the "right" to do just about anything to keep order. That particular value seems to be much more conservative than it is liberal. Authority figures are granted quite a bit of power by the right side of the political aisle - why else would FOX news defend the pepper spraying of peaceful protestors who were sitting calmly when sprayed by campus authorities? Because conservatives believe in maintaining authority and that means the kids generally do not have "rights" when in a public school - not the right to hold a sign that states "bong hits for jesus" and apparently not the right to wear a t-shirt with the declaration of independence.
So, it's also very interesting to see wren questioning the judge's authority and then telling PP that he would be physically beaten (stomped into the ground) for exercising his Constitutionally-guaranteed freedom of speech by none other than a defender of that same freedom (and frankly a rather silly anecdote because there are plenty of vets who would not only NOT stomp him into the ground but would agree with him).
There is already a divide Latitude58 and the idea is to get us talking about those things that divide us in the hopes of leading to greater understanding. Of course, for that to happen people would have to abandon their blind ideology and actually listen to one another. I have yet to see much evidence of that trait in just about any American on these pages.
spiff
Nicely said spiff.