Appeal Denied In Lawsuit Against High School That Banned American Flag Shirts

[Picaro]

The 9th Court demonstrates once again why the legal system continues to slide in respect.

Appeal Denied in Lawsuit Against High School That Banned American Flag Shirts

An appeals court has denied a rehearing in a case surrounding a California high school's banning of American flag shirts on Cinco de Mayo.

The Ninth Circuit Court of Appeals ruled Wednesday that the lawsuit Mariano vs. Morgan Hill Unified School District will not be heard before the full court.

"School officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances," read the opinion.

"As a consequence, we conclude that school officials did not violate the students' rights to freedom of expression, due process, or equal protection."

Included in the order was a dissent by Ninth Circuit Judge Diarmuid F. O'Scannlain, who was joined by two other justices.

"The freedom of speech guaranteed by our Constitution is in greatest peril when the government may suppress speech simply because it is unpopular," wrote O'Scannlain.

"For that reason, it is a foundational tenet of First Amendment law that the government cannot silence a speaker because of how an audience might react to the speech. It is this bedrock principle — known as the heckler's veto doctrine — that the panel overlooks …."

If wearing an American flag on an American high school or college campus is going to be 'disruptive', then that campus is clearly dysfunctional and should be shut down or they can take it private and be denied state, Federal, or local subsidies. Let La Raza and the other racist supremacist gangs pay for the place.

 

[martybegan]

The 9th Court demonstrates once again why the legal system continues to slide in respect.

Appeal Denied in Lawsuit Against High School That Banned American Flag Shirts

An appeals court has denied a rehearing in a case surrounding a California high school's banning of American flag shirts on Cinco de Mayo.

The Ninth Circuit Court of Appeals ruled Wednesday that the lawsuit Mariano vs. Morgan Hill Unified School District will not be heard before the full court.

"School officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances," read the opinion.

"As a consequence, we conclude that school officials did not violate the students' rights to freedom of expression, due process, or equal protection."

Included in the order was a dissent by Ninth Circuit Judge Diarmuid F. O'Scannlain, who was joined by two other justices.

"The freedom of speech guaranteed by our Constitution is in greatest peril when the government may suppress speech simply because it is unpopular," wrote O'Scannlain.

"For that reason, it is a foundational tenet of First Amendment law that the government cannot silence a speaker because of how an audience might react to the speech. It is this bedrock principle — known as the heckler's veto doctrine — that the panel overlooks …."

If wearing an American flag on an American high school or college campus is going to be 'disruptive', then that campus is clearly dysfunctional and should be shut down or they can take it private and be denied American government, state, Federal, or local subsidies.

So the object lesson is that if you threaten violence (and have dark skin) your view gets free reign, because school administrators are fucking cowards.

 

[Picaro]

Or, in Califonia's case, the admins are themselves La Raza and/or MeCHA racists, most likely.

 

[DigitalDrifter]

The 9th Circus strikes again.

No surprise, but the real story here is the fact that we have schools that would ban the American flag.

I understand the idea that schools are afraid the flag might offend some kids because it'a Mexican holiday, but too bad if it does. If these students are offended, or they feel threatened, then they can move back to Mexico for all I care.

Also, why the fuck does this country celebrate another countries holiday in the fucking first place ?

 

[martybegan]

The 9th Circus strikes again.

No surprise, but the real story here is the fact that we have schools that would ban the American flag.

I understand the idea that schools are afraid the flag might offend some kids because it'a Mexican holiday, but too bad if it does. If these students are offended, or they feel threatened, then they can move back to Mexico for all I care.

Also, why the fuck does this country celebrate another countries holiday in the fucking first place ?

You can celebrate other countries holidays (St. Patrick's comes to mind) but you don't see the Irish getting all violent if they march past a bar with the Union Jack on it. (yelling maybe, but no violence).

 

[Picaro]

No surprise, but the real story here is the fact that we have schools that would ban the American flag.

Indeed.

Also, why the fuck does this country celebrate another countries holiday in the fucking first place ?

It's not even a real holiday; it's like that 'KWanza' farce.

 

[JOSweetHeart]

America is where we live so why is wearing something with the American flag on it such an issue?

God bless you always!!!

Holly