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  1. #1
    Look into my eyes... Shortfuze's Avatar
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    Thumbs down CA court: Schools can ban American flag shirts on Cinco de Mayo

    source: http://www.washingtonpost.com/blogs/...Z0HN_blog.html

    Court: School can ban American flag shirts on Cinco de Mayo
    By Valerie Strauss

    A federal court judge ruled that officials at a California high school had a legal right to send home students wearing shirts showing the American flag on Cinco de Mayo because there was a reasonable fear that the images could lead to violence.

    Chief U.S. District Judge James Ware of San Francisco ruled last week that it was not a violation of the freedom of speech for students at Live Oak High School in Morgan Hill to be ordered to turn their shirts with the American flag inside out or go home on May 5, 2010, the San Francisco Chronicle reported.Two students were sent home.

    Ware cited past clashes between Mexican-American and Anglo students over clothing on the holiday, which is a celebration of Mexican heritage and in Mexico commemorates a Mexican army victory over the French in 1862. (It is not Mexican Independence Day.)

    Students wearing the shirts had sued the Morgan Hill Unified School District on the grounds that their right to free expression had been violated as well as on discrimination because students wearing Mexican flag colors were not censored. Ware rejected both issues.

    The Supreme Court in 1969, ruling that students could legally wear black armbands to class to protest the Vietnam War, said schools can bar student expression when there is a threat that there will be disruptions to actual learning.

    But the judge noted that federal court rulings since then have said that some student expression could put those students in jeopardy and that school officials could take action if they feared in advanced that trouble could result. Several courts, for example, have approved bans on Confederate flags in schools with racial tension

    Ware also rejected the students claim of discrimination. The judge wrote that while the students wearing the shirts with American flags had told a school official that they knew they might be in danger but wanted to keep the shirts on anyway, there was no evidence that youths who wore clothing with Mexican flag colors were in danger.

    All students whose safety was in jeopardy were treated equally, the judge wrote.

    Bill Becker, a lawyer for the students, was quoted by the Chronicle as saying, The court found that the rights of students promoting their Mexican heritage trumped the rights of students expressing their patriotism. He said he would appeal.

    Live Oak High School has about 1,300 students, 20 percent of them English-language learners and 18 percent of students come from low-income families.
    ------------------------------------------------------------------------------------
    En serio??! Porque?!!

    I don't understand this logic that by wearing American flag shirts on an ethnic group's event, you would be risking your safety and thus for your safety you are banned from wearing the supposed violence causing shirt??!

    You can apply that kind of ruling to any ethnic or religious event so does that mean no one should wear US t-shirts on those days? What if it's US Independence day and some Mexican guys wear a shirt saying "Viva Mexico" on it, does that mean they will be banned from school too because their shirts may jeapordise their safety??!! And Cinco de Mayo has nothing to do with the US! It's to celebrate Mexico's victory over the French in 1862! If some guy wore the French flag then I can understand the sentiment but this is utter rubbish.

    CA, why u so ridiculo?!!
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  2. #2
    Banned markymark69's Avatar
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    OMG....you mean a local school can make local decisions at the local level?

    We need big government to fix this.
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  3. #3
    Bitch Lasagna TimDF's Avatar
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    Usually I wouldn't care about schools being able to make their own rules, but this is just more stupidity on the part of California.
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  4. #4
    Registered User MathDaddy's Avatar
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    Originally Posted by markymark69 View Post
    OMG....you mean a local school can make local decisions at the local level?

    We need big government to fix this.
    If the shirt are not offensive by local standards then why can't they be worn? A shirt with a flag on it? We've all seen way worse than that.
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  5. #5
    Registered User r0gue6's Avatar
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    A school being pro-active?

    Call the news papers!
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    Since American flag shirts are banned might I suggest the kids all get together & wear these instead...




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  7. #7
    Banned flairon's Avatar
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    There is never a reason good enough to ban the flag. If you want to celebrate your mexican heritage then take your ass out to your lowrider with the chain steering wheel and head south of the border.
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    qUALITY POSTER brighamw's Avatar
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    Originally Posted by flairon View Post
    There is never a reason good enough to ban the flag. If you want to celebrate your mexican heritage then take your ass out to your lowrider with the chain steering wheel and head south of the border.
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  9. #9
    Where dreams are possible Thinman's Avatar
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    Since the school can set the standards for conduct, the ruling isn't too surprising.
    The problem, I have with it is they shouldn't allow kids to wear Mexican flags either, if they are
    going to ban American flags. It seems like a double standard to me.
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  10. #10
    Registered User Tonyctattoo's Avatar
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    Imagine if they used the same logic with women and they started aresting anyone wearing anything even slightly revealing cause it may cause them to get raped..... Oh wait they already do that in the middle east O.o
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  11. #11
    Mr. Gecko Kiknskreem's Avatar
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    Originally Posted by Tonyctattoo View Post
    Imagine if they used the same logic with women and they started aresting anyone wearing anything even slightly revealing cause it may cause them to get raped..... Oh wait they already do that in the middle east O.o
    Uh, the school doesn't arrest people, retard.
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  12. #12
    Banned flairon's Avatar
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    Originally Posted by Kiknskreem View Post
    Uh, the school doesn't arrest people, retard.
    the school levies their form of punishment against the person. So on a school level...yeah its about the same.
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  13. #13
    Reptilian Hebrew Hammer Kumquatv1's Avatar
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    I don't like the ruling at all. That being said it seems the school is doing it because these kids who wore the shirts on Cinco de Mayo were being targeted for violence.

    If there is violence going on because of it then they should get rid of celebrations of the day from the school. It isn't even an American holiday FFS!
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  14. #14
    Mr. Gecko Kiknskreem's Avatar
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    Originally Posted by flairon View Post
    the school levies their form of punishment against the person. So on a school level...yeah its about the same.
    School rules =/= government arrests.

    The analogy fails, accept it.
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  15. #15
    Registered User r0gue6's Avatar
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    Originally Posted by flairon View Post
    the school levies their form of punishment against the person. So on a school level...yeah its about the same.
    Yeah brah, serving a suspension at home on your xbox and computer is roughly the same as serving a jail sentence.
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  16. #16
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    Originally Posted by r0gue6 View Post
    Yeah brah, serving a suspension at home on your xbox and computer is roughly the same as serving a jail sentence.
    no 'brah'...being removed from the schools 'society' by expulsion is similar to being removed from the country's society by incarceration.
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  17. #17
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    Originally Posted by Kumquatv1 View Post
    I don't like the ruling at all. That being said it seems the school is doing it because these kids who wore the shirts on Cinco de Mayo were being targeted for violence.

    If there is violence going on because of it then they should get rid of celebrations of the day from the school. It isn't even an American holiday FFS!
    My local primary and secondary schools celebrated Chinese New Year and other days lol. We never had a problem with it and we were in a blood-red conservative town.
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  18. #18
    Registered User r0gue6's Avatar
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    Originally Posted by flairon View Post
    no 'brah'...being removed from the schools 'society' by expulsion is similar to being removed from the country's society by incarceration.
    No, it isn't.

    It's not remotely comparable on any real level.
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  19. #19
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    Originally Posted by roach_coach View Post
    My local primary and secondary schools celebrated Chinese New Year and other days lol. We never had a problem with it and we were in a blood-red conservative town.
    and did they tell you 'no christmas/new years decorations allowed' during the celebration to quell possible violence?
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  20. #20
    Reptilian Hebrew Hammer Kumquatv1's Avatar
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    Originally Posted by roach_coach View Post
    My local primary and secondary schools celebrated Chinese New Year and other days lol. We never had a problem with it and we were in a blood-red conservative town.
    I doubt anybody who wore an American flag on a shirt was being targeted for violence in your celebration either.
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    Originally Posted by r0gue6 View Post
    No, it isn't.

    It's not remotely comparable on any real level.
    maybe not to you...
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  22. #22
    No Agony, No Bragony JUSA's Avatar
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    Nice ****ty call by California.

    This is why I stopped caring about people being left or right a long time ago. Liberty vs. authority is so much more important to me and in today's environment is more important than ever. In the old days, you could usually count on or expect the left to protect freedoms like this.

    Nowadays? It's the same bull**** from both sides.
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  23. #23
    Registered User r0gue6's Avatar
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    Originally Posted by JUSA View Post
    Nice ****ty call by California.

    This is why I stopped caring about people being left or right a long time ago. Liberty vs. authority is so much more important to me and in today's environment is more important than ever. In the old days, you could usually count on or expect the left to protect freedoms like this.

    Nowadays? It's the same bull**** from both sides.
    This has nothing to do with California.

    This is one local school district.
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  24. #24
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    Originally Posted by Kiknskreem View Post
    Uh, the school doesn't arrest people, retard.
    Really.. and school security and resource officers do what then? I know for a fact when my sons were in school were arrested by them on occasion... 5 to be exact..

    Shouldnt be so quick with the name calling.. makes it even more silly when your wrong.
    "The pen is mightier than the sword, but, The sword guarantees ownership of the pen"

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  25. #25
    Registered User 32lax's Avatar
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    This shouldn't be surprising to anyone familiar with the "tinker test." If there is a history of racial tensions and disturbances, the school has an interest in protecting the students. Imagine replacing the hispanic students with black students and the american flag with the confederate flag.

    For anyone interested, further reading:
    Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969).
    en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_ District
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  26. #26
    Banned flairon's Avatar
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    Originally Posted by 32lax View Post
    This shouldn't be surprising to anyone familiar with the "tinker test." If there is a history of racial tensions and disturbances, the school has an interest in protecting the students. Imagine replacing the hispanic students with black students and the american flag with the confederate flag.

    For anyone interested, further reading:
    Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969).
    en.wikipedia.org/wiki/Tinker_v._Des_Moines_Independent_Community_School_ District
    why would the blacks be celebrating cinco de mayo?
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  27. #27
    Registered User r0gue6's Avatar
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    Originally Posted by flairon View Post
    why would the blacks be celebrating cinco de mayo?
    You didn't even bother reading his post before responding?

    wtf.
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    Originally Posted by r0gue6 View Post
    You didn't even bother reading his post before responding?

    wtf.
    sure i did, just felt like clowing around.

    You need to stop riding my jock so hard, i have to take a piss and need the space.
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  29. #29
    Registered User lexinak's Avatar
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    Students never had the right to pick fights with other students. This ruling isn't really special. It's not about liberty or hating America or whatever **** - it's about not allowing students to wear clothing deliberately intended to piss off their peers.
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  30. #30
    Registered User DennisR1977's Avatar
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    Originally Posted by lexinak View Post
    Students never had the right to pick fights with other students. This ruling isn't really special. It's not about liberty or hating America or whatever **** - it's about not allowing students to wear clothing deliberately intended to piss off their peers.
    Cool, why stop there then? Ban red, and blue clothes, we wouldn't want to piss off any gang members!
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