U.S. Court Declares The American Flag Incites Violence (Video)

By Josey Wales 

You read that right, the Supreme Court has upheld the schools right to ban American children from wearing the American flag colors, the Red, White and Blue will not be allowed on in U.S schools on the Mexican holiday Cinco de Mayo any more.

Last Thursday, the Ninth Circuit Court of Appeals referenced the 1960 Tinker v. Des Moines Indep. Comm. School Dist. case as it reaffirmed the Morgan Hills Unified School District’s decision to ban students from wearing American flag T-shirts on the Mexican holiday.

The school banned the shirts in 2010, after an altercation on Cinco de Mayo in 2009 between mostly Caucasian and mostly Mexican groups of students over US and Mexican flags, shirts and chants. RT’s Liz Wahl reports on the decision that school authorities are reasonably able to “forecast substantial disruption of or material interference with school activities.”

In a unanimous, three-judge decision, the 9th U.S. Circuit Court of Appeals sided with the Morgan Hill Unified School District, which had argued that a history of problems on the Mexican holiday justified the Live Oak High School administrators’ decision to act against the flag-wearing students.

Live Oak officials ordered the students to either cover up the U.S. flag shirts or go home, citing a history of threats and campus strife between Latino and Anglo students that raised fears of violence on the day the school was highlighting Cinco de Mayo. The school’s actions were reasonable given the safety concerns, which outweighed the students’ First Amendment claims, the court concluded.

“Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence,” 9th Circuit Judge M. Margaret McKeown wrote for the panel. “(The past events) made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real.”

The legal case has sparked nationwide attention, stemming from the parents’ First Amendment argument that no circumstances warrant a school forbidding a student from wearing a shirt with the American flag. In interviews with this newspaper, the families of the students said the students were only showing their patriotism and did not intend to incite trouble with Latino students on Cinco de Mayo.

The 9th Circuit case centered heavily on U.S. Supreme Court precedent on when school discipline violates students’ First Amendment rights. A 1969 ruling held that schools must demonstrate a reasonable concern about school safety to justify taking action, and the 9th Circuit found that Live Oak administrators met that standard enough to override student free speech protections.

The appeals court upheld a decision by former Chief U.S. District Judge James Ware, who also sided with the school district. Legal experts say the decisions appear to be on firm ground and are likely to stand in further appeal, although the outcome may be unsatisfactory given the students were displaying the flag.

“I can’t fault the (9th Circuit) for this,” said Eugene Volokh, a UCLA law professor. “But, boy, this is a pretty sad commentary. Here we have a school saying it’s too dangerous for students to wear an American flag to an American school.”

The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that comprise the Bill of Rights.

Where is Obama when it comes to American school childrens constitutional rights? How can the American people tolerate giving up their first amendment rights without so much as a fight? Who do we blame this on, it seems to me we only have ourselves to balme here. The American people have accepted political correctness, by keeping their mouths shut, they have given this government the authority to suspend the constitution. The American people lost their will to stand up for themselves.

Please share how you feel about this in the comment section below. 

Critical Reads: More News Mainstream Media Chooses To Ignore By Josey Wales, Click Here!