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(UPI)   Federal appeals court rules that just because you wrap yourself in the American flag doesn't mean you aren't being a racist dickbag   (upi.com) divider line 464
    More: Followup, United States courts of appeals, U.S. flag, St. Patrick's Day Parade, SanJoseMercuryNews, William Becker, Mexican state  
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4051 clicks; posted to Politics » on 28 Feb 2014 at 10:09 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



464 Comments   (+0 »)
   
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2014-02-28 08:29:54 AM  
Yeah, go home, Anglos.
Wait.
What?
 
vpb [TotalFark]
2014-02-28 08:52:39 AM  
It's usually a pretty good indicator.
 
2014-02-28 09:00:59 AM  
You can be a nationalistic xenophobe without wearing something that looks like an American flag.

/incidentally, wearing such a shirt is a violation of federal law
 
2014-02-28 09:12:22 AM  
While this does give people a heckler's veto when it comes to schools and freedom of speech, the court made the right decision in this case. There was a substantial disruption caused by the clothing the student was wearing. However, I also feel in this case that the punishment should be directed towards those who caused the disruption, i.e. the Hispanic students who were doing the threatening.
 
2014-02-28 09:16:05 AM  
 
2014-02-28 09:17:53 AM  

ArkAngel: However, I also feel in this case that the punishment should be directed towards those who caused the disruption, i.e. the Hispanic students who were doing the threatening.


I believe that Newton's Third Law of Law applies here.
 
2014-02-28 09:21:17 AM  

Gecko Gingrich: Serious Black: /incidentally, wearing such a shirt is a violation of federal law

The Flag Code is not law.

Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.(.pdf)


Also, it has nothing to do with something that "looks" like the flag.
 
2014-02-28 09:25:46 AM  
Yeah, isn't that illegal anyway? Unless you're Rocky.
 
2014-02-28 09:35:22 AM  
Doing provocative actions at school with the intention of starting fights is usually going to fall under the "yelling fire in a crowded theater" category.

It is kinda silly for a school to have a Cinco De Mayo observance, considering how insignificant it is to Mexicans, Mexican-Americans, and seems to be just a drinking holiday for American adults.  But that doesn't excuse inciting racial passions and tempers at school.
 
2014-02-28 09:39:02 AM  

Gecko Gingrich: Serious Black: /incidentally, wearing such a shirt is a violation of federal law

The Flag Code is not law.

Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.(.pdf)


Yes, it's unenforceable, but for law and order types, does it really matter if it's an unenforceable law?
 
2014-02-28 09:48:01 AM  

factoryconnection: t is kinda silly for a school to have a Cinco De Mayo observance, considering how insignificant it is to Mexicans, Mexican-Americans, and seems to be just a drinking holiday for American adults.  But that doesn't excuse inciting racial passions and tempers at school.


I don't know any Irishmen, is St. Paddy's Day important or is that another drinking day too? Columbus Day is pretty useless. I still don't wtf Labor Day is supposed to be except a day off. Most holidays are excuses to party (and feel guilt over the Native Americans).
 
2014-02-28 10:01:07 AM  

Mugato: Most holidays are excuses to party (and feel guilt over the Native Americans).


I was on a contract with an engineer who'd recently moved to the US.  I was wrapping up some outstanding items with him in preparation to go home for Thanksgiving.  He asked me, "So...isn't called 'Thanksgiving' because you are thanking the natives for helping the colonists survive and giving up all their land?"

I kind of winced and said, "Not exactly.  We never thanked them."
 
2014-02-28 10:12:42 AM  
d320ze5h7gg57a.cloudfront.net
Frowns at your shenanigans
 
2014-02-28 10:12:55 AM  
So is it OK to refuse to sell wedding cakes to gay people wearing American flag t-shirts during Cinco de Mayo?
 
2014-02-28 10:13:32 AM  
Students have always had shockingly few rights at school.  It's just one of those things.
 
2014-02-28 10:14:43 AM  
What should have taken place is every single hispanic in that school should have worn an American Flag shirt. Situation. Diffused.
 
2014-02-28 10:14:48 AM  
"When fascism comes to America, it will be wrapped in the flag and carrying a cross."

/obvious
 
2014-02-28 10:14:52 AM  

Serious Black: Gecko Gingrich: Serious Black: /incidentally, wearing such a shirt is a violation of federal law

The Flag Code is not law.

Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.(.pdf)

Yes, it's unenforceable, but for law and order types, does it really matter if it's an unenforceable law?


Laws are laws, which must be obeyed, right?  What about all those idiotic laws that are still on the books and no one gives a fark about, and hasn't in decades, or even centuries?  (Like the law against crossing the Mississippi river with a duck on your head)
 
2014-02-28 10:16:04 AM  
Second question:  is it OK for the school to prohibit Cinco de Mayo celebrations because celebrants might pose a danger to kids wearing American flag t-shirts?
 
2014-02-28 10:16:27 AM  
Why don't we not have This Day and That Day observances in school? Let's just learn.
 
2014-02-28 10:19:45 AM  

Garet Garrett: Second question:  is it OK for the school to prohibit Cinco de Mayo celebrations because celebrants might pose a danger to kids wearing American flag t-shirts?


What we really need to do is to put the students who don't celebrate Cinco de Mayo in a completely separate, but equal, school system for their protection.
 
2014-02-28 10:22:50 AM  

Mugato: I don't know any Irishmen, is St. Paddy's Day important or is that another drinking day too?


The latter and therefore the former.
 
2014-02-28 10:23:18 AM  

Garet Garrett: Second question:  is it OK for the school to prohibit Cinco de Mayo celebrations because celebrants might pose a danger to kids wearing American flag t-shirts?


I would assume so.
 
2014-02-28 10:23:26 AM  

jaylectricity: Gecko Gingrich: Serious Black: /incidentally, wearing such a shirt is a violation of federal law

The Flag Code is not law.

Thus, the Flag Code does not prescribe any penalties for non-compliance nor does it include enforcement provisions; rather the Code functions simply as a guide to be voluntarily followed by civilians and civilian groups.(.pdf)

Also, it has nothing to do with something that "looks" like the flag.


Technically speaking, anything that looks like a flag is automatically a flag. 4 USC 8 (g) starts by stating "No part of the flag should ever be used as a costume or athletic uniform." So an American flag shirt is (unenforcably) against the law.
 
2014-02-28 10:24:12 AM  

Mugato: I don't know any Irishmen, is St. Paddy's Day important or is that another drinking day too?


Answered your own question. Yes.
 
2014-02-28 10:25:07 AM  
But we's was just bein murican, that's all.

Racist idiots aren't too clever.
 
2014-02-28 10:25:29 AM  
Cinco de Mayo?  You mean that Mexican holiday that Americans have appropriated as an excuse to go drinking?  Way to take a stand kid.
 
2014-02-28 10:25:56 AM  
Anybody catch the part where two of the kids were allowed to stay with American flag shirts but two were sent home on non disciplinary suspensions? Makes me wonder what was on those shirts.
 
2014-02-28 10:25:58 AM  

Wellon Dowd: Why don't we not have This Day and That Day observances in school? Let's just learn.


Beautiful, man. Just...perfect.
 
2014-02-28 10:26:54 AM  

Garet Garrett: Second question:  is it OK for the school to prohibit Cinco de Mayo celebrations because celebrants might pose a danger to kids wearing American flag t-shirts?


Sure, I think they could have gone with either option.
 
2014-02-28 10:28:26 AM  

Mentat: Cinco de Mayo?  You mean that Mexican holiday that Americans have appropriated as an excuse to go drinking?  Way to take a stand kid.



To be fair, white people appropriating foreign things that are fun is what makes America so exceptional.
 
2014-02-28 10:29:13 AM  

Serious Black: Garet Garrett: Second question:  is it OK for the school to prohibit Cinco de Mayo celebrations because celebrants might pose a danger to kids wearing American flag t-shirts?

Sure, I think they could have gone with either option.


Sure. Just like we lock up the guy who's house has a burning cross in front of it and not the group of fine upstanding citizens wearing their bedclothes.
 
2014-02-28 10:29:18 AM  
Bullshiat.

But the courts have pretty consistently held that students aren't real people and don't have rights.
 
2014-02-28 10:31:15 AM  
We're very tolerant (as long as you aren't white, American or Christian).

Still want amnesty and open borders?
 
2014-02-28 10:31:59 AM  
So here's what this story looks like to me:

Students: "Hey guys I'm gonna be a dick and club people over the head with PATRIOTISM FUK YAH!"
School: "Um... don't do that? Don't be a dick?"
Students: "IMMA SUE YOUUUUU"
Derpsquad: "LIBRULZ HATE AMERICAN FLAG!!"

Am I reading this right?
 
2014-02-28 10:33:34 AM  

cchris_39: We're very tolerant (as long as you aren't white, American or Christian).

Still want amnesty and open borders?


And the constitution protects your right to speech, just not if you're a student and in school.  This is just another decision in a long line of decisions that affirm that students aren't protected by the constitution.  It's neither new nor controversial if you know the history.
 
2014-02-28 10:33:50 AM  

Garet Garrett: Second question:  is it OK for the school to prohibit Cinco de Mayo celebrations because celebrants might pose a danger to kids wearing American flag t-shirts?


If the school decided to do that, the federal appeals court probably would have backed it up. People are forgetting this is a school, which already strips students of some rights anyway.

When I was in high school, in NC mind you, the black kids (all ten of them) created a dance club With hip hop and R&B. The principal actually shut down the club, starting it was inappropriate and the songs lead to "crime" and "disrespect". Mind you, I actually watched the club, and it was genuinely about dance. The kids were trying to coordinate their moves and the songs were nowhere near as bad as the principal was making it out to be.

Needless to say, what that old white man said, went. But I'm just one of those kids that pose a threat to American-flag-wearing-kids, so my opinion doesn't matter anyway... right?
 
2014-02-28 10:35:36 AM  

BMFPitt: But the courts have pretty consistently held that students aren't real people and don't have rights.


Mercutio74: And the constitution protects your right to speech, just not if you're a student and in school.  This is just another decision in a long line of decisions that affirm that students aren't protected by the constitution.  It's neither new nor controversial if you know the history.



The simple solution to this is for students to have classes inside a uterus.
 
2014-02-28 10:35:38 AM  

BMFPitt: Bullshiat.

But the courts have pretty consistently held that students people under 18 aren't real people and don't have rights.


And you have more rights in a public school than you do at a private or parochial school, FYI.
 
2014-02-28 10:35:38 AM  

cchris_39: We're very tolerant (as long as you aren't white, American or Christian).


I'm sure you'll get justice some day.

Still want amnesty and open borders?

Who are you talking to? And why?
 
2014-02-28 10:35:44 AM  

Mercutio74: cchris_39: We're very tolerant (as long as you aren't white, American or Christian).

Still want amnesty and open borders?

And the constitution protects your right to speech, just not if you're a student and in school.  This is just another decision in a long line of decisions that affirm that students aren't protected by the constitution.  It's neither new nor controversial if you know the history.


First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years.
 
2014-02-28 10:37:01 AM  

exparrot: "When fascism comes to America, it will be wrapped in the flag and carrying a cross."

/obvious


3.bp.blogspot.com
Smirks at your shenanigans.
 
2014-02-28 10:37:10 AM  

Dr Dreidel: And you have more rights in a public school than you do at a private or parochial school, FYI.


Well, obviously. Why wouldn't you?
 
2014-02-28 10:37:10 AM  
I fail to see what's wrong with a flag shirt. From what I gather it was the Latino students causing the problems. They are the ones needing punished not the white kids.
 
2014-02-28 10:37:13 AM  

unlikely: So here's what this story looks like to me:

Students: "Hey guys I'm gonna be a dick and club people over the head with PATRIOTISM FUK YAH!"
School: "Um... don't do that? Don't be a dick?"
Students: "IMMA SUE YOUUUUU"
Derpsquad: "LIBRULZ HATE AMERICAN FLAG!!"

Am I reading this right?


More like this:
Students: "Hey guys I'm gonna be a dick and club people over the head with PATRIOTISM FUK YAH!"
School: "Um... we kinda got some reports that there have been some threats of violence against you two fine upstanding *eyeroll* students and last year was a clusterfark so we're gonna send you home on a non-disciplinary suspension for the day cause we don't want to get sued by your parents."
Parents: "IMMA SUE YOUUUUU"
Derpsquad: "LIBRULZ HATE AMERICAN FLAG!!"


/prolly could have saved some time by telling the kids, hey, you just won a hallpass for the day.
 
2014-02-28 10:37:19 AM  

Garet Garrett: So is it OK to refuse to sell wedding cakes to gay people wearing American flag t-shirts during Cinco de Mayo?


Would you like to see George Wendt eating beans in a movie?
 
2014-02-28 10:38:28 AM  

unlikely: So here's what this story looks like to me:

Students: "Hey guys I'm gonna be a dick and club people over the head with PATRIOTISM FUK YAH!"
School: "Um... don't do that? Don't be a dick?"
Students: "IMMA SUE YOUUUUU"
Derpsquad: "LIBRULZ HATE AMERICAN FLAG!!"

Am I reading this right?


More or less, yea.
 
2014-02-28 10:39:45 AM  
Students who came to Live Oak High School on the day of its Cinco de Mayo celebration in 2010 wearing shirts bearing the U.S. flag were asked to either turn them inside out or go home for the day.

I'd wear a flag shirt so I could get a day off.
 
2014-02-28 10:39:57 AM  
So if a kid has an aspirin or cap gun at school they get suspended.

But if a Mexican threatens an American for wearing an American flag t-shirt, the shirt is banned and the bully gets to celebrate.

Yeah the idiots are in charge. Wear your shirt kids.

Glad the parents are fighting it.
 
2014-02-28 10:40:32 AM  
William Becker, a lawyer for the parents, said he will ask the 9th Circuit for a hearing by all 11 judges. Parents have said they will appeal to the Supreme Court


I will say the same thing I say for every zero tolerance story that involves the horrifying thought of a two-day suspension.  If my parents made a court case (let alone a federal case) out of that, I'd probably have stuck a paper bag over my head and not taken it off until I entered college adulthood the nursery home
 
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