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Monday, March 30, 2015

Will Supremes defend wearing the flag?

You can burn the flag. The United States Supreme Court of Appeals said so in 1989. Dissent was patriotic because we had a Republican president.

But can a white student wear a flag on Cinco de Mayo under a Democratic president?

The Supremes will take a crack at that question this year. This case is why we wrote the First Amendment, to protect a minority from the violent threats of the majority. In this case, the mob won by forcing the flag-wearing students to leave the school.

Those who say it was provocative speech or hate speech should realize something: Those forms of speech are protected speech. In fact, those forms are at the front of the line when it comes to being protected.

Why? Because unpopular speech has a chance of being the wisest speech of all.

You know what is the only form of speech not protected? Threats of violence. We shall see if this holds as true in the 21st century as it has in the past.

From the Los Angeles Times:
The appeal in Dariano vs. Morgan Hill Unified School District asks the justices to decide whether wearing an American flag can be curtailed as an unnecessary provocation, or instead is a right of every citizen protected by the 1st Amendment. A decision on whether they will accept the case could come as soon as Monday.
The legal battle began on May 5, 2010, at Live Oak High School south of San Jose, when several students wore shirts bearing the American flag on the Mexican holiday marking the May 5, 1862, defeat of French invaders.
Their protest came in response to an incident the year before when a group of Mexican American students unfurled a Mexican flag on the holiday and paraded around the campus, triggering tensions with white students who began chanting, "USA! USA!"
The school had seen at least 30 fights between white and Latino students, school officials said.
Upon seeing the white students wearing U.S. flags, Mexican American students called them racists and complained to Assistant Principal Miguel Rodriguez.
Fearing violence, the assistant principal told several of the white students wearing the American flag that they had to turn their shirts inside out or go home. They chose to leave.
The incident caused an uproar in the community, and Fox News channel picked up the story.
"This is heartbreaking to the students and parents who see the flag as a symbol of national unity," said Los Angeles lawyer William Becker, who sued on behalf of several parents. "It rewards those who believe the flag is a symbol of hostility toward minorities. If they think there is a problem, then don't hold a Cinco de Mayo celebration."
We can live in a nation of mob rule, or in a country with rights protected by the government. The Supremes will decide which nation we live in.

By the way, this Miguel Rodriguez seems like an anti-white racist.


  1. How would Mexicans in Mexican schools react if foreign students protested their flag? The US flag is a symbol of this country, and inclusiveness (pretty much anyone can become an American) is one of the things it symbolizes.

  2. Nope says SCOTUS
    ** The Court refused to reopen the constitutional question of the power of public school officials to bar students from wearing clothing with symbolic designs when the students do so as a form of silent, peaceful political expression. The case involved a southern California principal’s one-day ban on wearing T-shirts bearing the American flag on a day when students of Mexican heritage were celebrating the Cinco de Mayo (5th of May) holiday, out of fear that there could be violence. The Court has not examined the political free speech rights of public school students since its famous 1969 decision in Tinker v. Des Moines School District, upholding students’ right to wear black arm bans to protest the Vietnam war. The new case was Dariano v. Morgan Hill School District. Morgan Hill is a bedroom community south of San Jose.

  3. At some point you have to start asking if it's even worth trying to save this country.