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You mean like people who play the manipulative semantics game and say completely untrue things like "It's now ILLEGAL To Wear a US Flag Shirt on Cinco De Mayo day"?
If so, then I agree with you.
The phrase "illegal" came from the linked article, so i just stuck with it rather than parse words.
I don't care what word is used, whether it is illegal, forbidden, banned, or what have you. The punishment for wearing the t-shirt is the topic.
Cinco De Mayo is not even a national holiday in Mexico, and did not become popular in the US until the 1980s when beer companies made it into a holiday for drinking their beer.
But now it has become illegal to wear a t-shirt with the US flag on Cinco de Mayo day because to do so is a threat, and might incite people to violence.
Are there also laws which ban people from wearing flags of other nations on the 4th of July, or wearing clothing signifying another religion on Dec 25th? Or is it just quick to anger Mexicans, athiests and Muslims that Americans need to bend over and grab the ankles for?
The full slate of Ninth Circuit judges has thus agreed with a lower district court and with a trio of appellate judges that officials at Live Oak High School in Morgan Hill, Calif. could censor students who wanted to wear flag-emblazoned shirts.
There is no way the US Supreme Court will allow this. That school needs to take this all the way to the US Supreme Court. What right does that school have to allow Mexican flags on shirts, but not US t shirts? The day should have nothing to do with it. Of course the ever Hispanic nationalist Sotomayor would vote with the school.
Some Mexican-American students said that their flags were taken away or asked to be put away, but none were sent home for wearing red, white and green.
Some Mexican-American students said that their flags were taken away or asked to be put away, but none were sent home for wearing red, white and green.
The American flag wearing students were given the choice to either turn the shirts inside out, or to go home for the day, but with the absence counted as "excused." 2 of the students were "sent home" - they chose that option.
That is never been enforced. Besides, if this were a law that is enforced the court would have declared the illegality of wearing a flag t-shirt. Wouldn't that have been the slam dunk, cut and dry way to rule on this? Not even the school tried to make the case that wearing flag clothing was illegal.
It's not enforced. It is common courtesy and an acknowledgment of patriotism to properly display the flag, and an insult to it to violate the flag code.
If everything you do or don't do has to be an enforceable law, you have a serious problem.
There is no way the US Supreme Court will allow this. That school needs to take this all the way to the US Supreme Court. What right does that school have to allow Mexican flags on shirts, but not US t shirts? The day should have nothing to do with it. Of course the ever Hispanic nationalist Sotomayor would vote with the school.
Nonsense. This is long settled law, so there's no way the Supreme Court will take it up.
And when it comes to free speech in schools, Conservative judges fall more on the side of giving schools more power to curtail speech in the name of safety and preventing academic disruption, whereas liberal, ACLU types fall more on the side of allowing more speech regardless of safety and disruption concerns.
If the SC for some odd reason decided to hear this case, it would be a 9-0 decision affirming the District and Circuit courts (the SC would likewise side with the school). If it weren't 9-0, the Justices most likely to side with the American flag wearing students would be Ginsberg and Sotomayor.
Last edited by hammertime33; 09-19-2014 at 03:39 PM..
The courts have consistently approved a schools right to set dress codes. The dress code has be reasonable. This case may be close because it addresses what is arguably political speech, which is more protected, but it's an uphill battle.
2. The ruling only applies to students of a high school in California.
"Cinco de Mayo" is not even an official Mexican holiday!
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