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Dutchess_III's avatar

Do you agree with the Supreme Court ruling that upheld a school policy that the students weren't allowed to wear T-shirts displaying the American flag, and other such paraphernalia, to school on Cinco de Mayo?

Asked by Dutchess_III (47069points) April 18th, 2014

….because they wore them only to provoke the Mexican-American students? The school has a history of gang and racial violence.

Here is the Snopes article.

Seems like common sense to me, nothing more, nothing less.

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12 Answers

muppetish's avatar

The case isn’t that unusual to me. The Supreme Court has consistently maintained the stance that K-12 students do not have “freedom of speech” while on campus, as outlined in some of the landmark cases here.

My school district in Southern California has a very strict dress code to curtail gang violence. My mom swears that pink tennis shoes were banned when I was in elementary school because the district said that they were being used by a nearby gang. If black and silver is permanently banned, pink shoes are temporarily banned, then it doesn’t surprise me at all that national flags would be banned.

As a side note though, Cinco de Mayo has always felt like a ridiculous holiday to me. I really didn’t have very many friends growing up who took it seriously. However, I attended predominantly Mexican-populated schools. I imagine the sense of national pride and protection of the holiday is different at a school with far more racial tension.

I do wish students had more rights when it came to free speech, but I can’t really fault the school for trying to handle this situation.

Dutchess_III's avatar

They do have rights. They didn’t ban them from EVER wearing American flag themed clothing, just on Cinco de Mayo.

What value is there in “free speech” when it’s used only to inflame violence and hatred? Especially among children.

The panel held that school officials did not violate the students’ rights to freedom of expression, due process, or equal protection. The panel held given the history of prior events at the school, including an altercation on campus, it was reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real. The panel held that school officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances.

muppetish's avatar

@Dutchess_III I’m well aware that they didn’t, but I know that would be the first issue someone might raise to counter it. The reality is that students do not have the same freedom of expression on campuses.

Regarding flamebaiting: my SO’s campus had a huge swastika problem. Students were tagging buildings and wearing them as badges. They had to heavily crack down on them by banning swastika’s in order to make students feel safe. The students wearing the American flag on Cinco de Mayo to incite the Mexican students are attempting to turn the flag into a swastika. No bueno.

Cruiser's avatar

One of the main responsibilities of a school is to provide a safe learning environment and I think the principal handled the situation responsibly, fairly and correctly and the Supreme Court ruling merely validated this.

filmfann's avatar

If you will check the OP link, it says this went to a 3 judge Federal panel, not the Supreme Court.
I think the decision is correct, and wish they would expand it to prevent students from wearing clothing or displaying flags that use the Confederate Flag in its design. This is also just trying to stir shit.

josie's avatar

One more reason to have kids wear a uni to school

jerv's avatar

@josie Well, that would save taxpayer money by having more kids homeschooled….

JLeslie's avatar

Ideally we would not have to worry about violence just because some students are assholes and purposely where an American flag to be obnoxious. I find that to be a disgrace to our flag to utilize it in that sense, and also when we consider the US flag represents a coming together of people from many nations to this land it is like stepping on it.

I support the federal court decision, because safety is the primary goal at schools. There is also an argument to not do any celebrations or holidays at public schools. No Cinco de Mayo (which they barely even celebrate in Mexico, except in the state of Puebla, it is an American holiday the way we blow it out of proportion) no St. Patrick’s, no to all of it. Another option is allow festivities, but students can’t wear anything identifying with the festivities.

I think uniforms are the way to go in school, which @josie already mentioned, but the school district in this case doesn’t have uniforms so there are dress codes. I support dress codes too.

ARE_you_kidding_me's avatar

It’s actually Bad Taste to use the flag as clothing. Some states it’s illegal

JLeslie's avatar

@ARE_you_kidding_me In what states is it illegal? I know the flag is not supposed to be worn supposedly, but Ralph Lauren and Tommy Hilfiger I think made it acceptable.

ARE_you_kidding_me's avatar

@JLeslie I have always been told that in certain states it was but I tried googling it just now and found nothing. It’s looked down on but probably not actually illegal. I also just found that simply wearing an image of one on clothing is regarded as ok just so the clothing is not made out of the flag. There is a lot of grey area there. In this case I think even though the school is trying to stamp out violence not allowing the flag is taking it too far. Unless they actually put it in their dress code. Simply making it a “rule” and then enforcing consequences is a little draconian. Sounds like they have larger issues at the school and band-aiding it with this will likely only make the actual issue worse.

JLeslie's avatar

@ARE_you_kidding_me Is the school making it a daily dress code? I thought it was just on Cinco de Mayo? Even if it is daily I’m fine with it being banned if the flag is being worn like gang colors. I have no problem with draconian if children are acting like hoodlums.

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