{"id":40079,"date":"2014-02-28T07:30:54","date_gmt":"2014-02-28T12:30:54","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=40079"},"modified":"2014-02-28T07:30:54","modified_gmt":"2014-02-28T12:30:54","slug":"ninth-circuit-not-safe-for-students-to-wear-us-flag-shirts-on-may-5th","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=40079","title":{"rendered":"Ninth Circuit: Not safe for students to wear US flag shirts on May 5th"},"content":{"rendered":"

Thank goodness, sanity has been restored in the Ninth Circuit. A few rational decisions in the last few months made me think that the appeals court was turning conservative, but they restored their “Ninth Circus” moniker when they decided that schools can forbid the wearing of US Flag shirts on the pretend Mexican holiday that people of Mexican heritage celebrate on the 5th of May. <\/p>\n

Originally, the day marks the Mexican victory over the French invaders at the Battle of Puebla on May 5th, 1862. I guess the French were trying to collect debts that the Mexican government owed them, so a tiny Mexican force repelled the repo men. What that has to do with modern day people of Mexican heritage in the US Southwest, I have no idea. <\/p>\n

But anyway, Eugene Volokh wrote a piece in the Washington Post<\/a> about the 9th Circuit’s decision;<\/p>\n

The court points out that the rights of students in public high schools are limited \u2014 under the Supreme Court\u2019s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if \u201cschool authorities [can reasonably] forecast substantial disruption of or material interference with school activities\u201d stemming from the speech. And on the facts of this case, the court concludes, there was reason to think that the wearing of the T-shirts would lead to disruption. There had been threats of racial violence aimed at students who wore such shirts the year before:<\/p>\n

[…]<\/p>\n

This is a classic \u201checkler\u2019s veto\u201d \u2014 thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence. \u201cHeckler\u2019s vetoes\u201d are generally not allowed under First Amendment law; the government should generally protect the speaker and threaten to arrest the thugs, not suppress the speaker\u2019s speech.<\/p>\n

[…]<\/p>\n

And this is especially so because behavior that gets rewarded gets repeated. The school taught its students a simple lesson: If you dislike speech and want it suppressed, then you can get what you want by threatening violence against the speakers. The school will cave in, the speakers will be shut up, and you and your ideology will win. When thuggery pays, the result is more thuggery. Is that the education we want our students to be getting?<\/p><\/blockquote>\n

Yeah, well, not rewarding thuggery in this day and age is called racism, so we really couldn’t expect anything different from the panel of judges on the West Coast. And I guess it was too much to ask of the panel to impress upon the school officials to ban all flags if they’re going to ban one.<\/p>\n","protected":false},"excerpt":{"rendered":"

Thank goodness, sanity has been restored in the Ninth Circuit. A few rational decisions in the … Ninth Circuit: Not safe for students to wear US flag shirts on May 5th<\/span>Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[],"class_list":["post-40079","post","type-post","status-publish","format-standard","hentry","category-legal"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/40079","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=40079"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/40079\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40079"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}