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tazzygirl -> RE: American students sent home for wearing American flags (5/14/2010 9:09:46 AM)
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LOL
Chanel is now cheaply made goods.
Eugene Volokh, a professor of law at the University of California-Los Angeles, said the students are protected under California Education Code 48950, which prohibits schools from enforcing a rule subjecting a high school student to disciplinary sanctions solely on the basis of conduct, that when engaged outside of campus, is protected by the First Amendment.
If the school could point to previous incidents sparked by students who wore garments with American flags, they could argue that the flag is likely to lead to "substantial disruption," Volokh said.
"If, for example, there had been fights over similar things at past events, if there had been specific threats made," he said. "But if [school officials] just say, 'Well, we think it might be offensive to people,' that's generally speaking not enough."
Volokh said the students and their parents likely have a winning case on their hands if they decide to take the matter to court.
"Oh yes, it's almost open and shut," he said.
Lis Wiehl, a former federal prosecutor and a Fox News legal analyst, said the incident appears to a "blatant" violation of the students' First Amendment right to free speech. She noted that inciting violence is an exception to a First Amendment legal defense, but Wiehl said she saw no indications that the students provoked anyone.
"Unless I'm missing something, this seems like a blatant violation of the First Amendment," said Wiehl, adding that uniforms are not required at the public school. "And they're wearing, of all horrific things, the American flag."
http://www.foxnews.com/us/2010/05/06/california-students-sent-home-wearing-flags-cinco-mayo/
Despite your protests that no one respects the flag.. which is a bunch of bullshit... these students are protected under freedom of speech.
read the above and then rethink your position. just because they are on a campus does not mean they cannot wear the flags as they did.
In a statement released Thursday, Morgan Hill Unified School District Superintendent Wesley Smith characterized the incident as "extremely unfortunate" and said the matter is under investigation.
"The Morgan Hill Unified School District does not prohibit nor do we discourage wearing patriotic clothing," Smith's statement read. "The incident on May 5 at Live Oak High School is extremely unfortunate. While campus safety is our primary concern and administrators made decisions yesterday in an attempt to ensure campus safety, students should not, and will not, be disciplined for wearing patriotic clothing. This matter is under investigation and appropriate action will be taken."
as far as them inciting violence by wearing such clothing on cinco de mayo .... one of the brats actually has four such shirts, according to his mother, and wears them often.
Dariano said her son has at least four T-shirts with American flags that he wears often and did not try to cause any conflict at school.
and this just makes me shake my head...
Freshman Laura Ponce, who had a Mexican flag painted on her face and chest, told the Morgan Hill Times that Cinco de Mayo is the "only day" Mexican-American students can show their national pride.
"There was a lot of drama going on today," Ponce told the newspaper.
Why is this the only day? Its not even a national holiday for them. Are they suggesting they are denied their right to wear such articles as t-shirts, belts, carry bookbags with the mexican flag upon them? According to the school policy they are not.
you can continue to pout all you want julia. Your position on wearing the clothes is wrong, even by the school's own policy. And i do hope the parents sue. Seems according to the experts they will win. No previous pattern of violence has been documented. with only a few days left in the school year, im sure the district is hoping the summer will take the sting out of this issue. Somehow, i dont see that happening.
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