Can public schools now ban blacks?
That would appear to be one unintended legal consequence of the recent 9th Circuit Court's decision concerning limits on the freedom of expression:
That's an incantation to which everyone should learn to resort. "I'm sorry, I fear racial violence on the basis of past problems." It's a free legal pass to restore freedom of association.
In fact, Live Oak High could probably cite this decision in refusing to permit Hispanic students to attend school on Cinco de Mayo. Or, as is more likely the case, white students.
Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out during the Mexican heritage celebration Cinco de Mayo, a federal appeals court ruled Thursday.There is even less question of the connection between blacks and racial violence than American flag T-shirts and racial violence. So, now that we know "concerns of racial violence" supersede the 1st Amendment in public schools, it should be obvious that they must supersede every other Constitutional and legal stricture as well.
The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.
The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.
That's an incantation to which everyone should learn to resort. "I'm sorry, I fear racial violence on the basis of past problems." It's a free legal pass to restore freedom of association.
In fact, Live Oak High could probably cite this decision in refusing to permit Hispanic students to attend school on Cinco de Mayo. Or, as is more likely the case, white students.
Labels: law




91 Comments:
racis
Dat racis.
So, brown v board of education can be discarded because of racial violence?
I seem to remember reading similar arguments made by those warning against both abolition and forced integration.
Sorry, I just wanted to be the first comment, so I posted a quick one word parody.
Obviously, the problem isn't concerns over racial violence trumping constitutional rights; it's that nothing trumps racial concerns. So no, banning blacks for fear of violence wouldn't fit in with racial concerns uber alles.
"That would appear to be one unintended legal consequence "
C'mon Vox, do you really believe this?
You know the game ... gays trump blacks trump hispanics trumps whites trumps white christian males. This is de facto and de jure U.S. law.
Should this not also be tagged "Diversity is Strength"?
Can we now use this decision to curb immigration, after all changing the delicate, harmonious demographics of our nation will result in racial violence.
The potential for Black Knighting here is practically off the chart.
The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed...integrated classrooms/athletic squads/school buses.
The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed...Gun-Free Zone Status.
The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed...diversity courses.
Obviously, the problem isn't concerns over racial violence trumping constitutional rights; it's that nothing trumps racial concerns.
"The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights."
Come again?
I'm surprised the author didn't find a way to work in gay Latinos. Gays...they're everywhere.
It would be funny to see a student wear a French flag on Cinco de Mayo and watch as absolutely no one got it.
Noah B., that a thread winner.
Noah,
Including the History teachers.
"Can public schools now ban blacks?"
Probably not. On the other hand, it's obvious that blacks have effectively banned public schools.
Do the Mexicans get to wear Mexican flag shirts on July 4th?
Eventually, Vox, we're going to have to.
The 9th Circuit is a mystery to both God and man. They seem to have finally mastered the arcane art of triplespeak.
Is FD KKK going to post again foaming at the mouth telling us the 14th Amendment trumps the 9th Circuit Court of Appeals?
Yes, those students would be smart to wear French flags on that day. I bet it would pass completely under the radar the entire day, and not be noticed until days later after someone on social media belatedly brings it to the school official's attention.
So, sodomite students could be banned on the basis of concern that the school will be destroyed by fire and brimstone? Or on concerns about public health, given the relative prevalence of Aids? Or on concerns that Muslim students would attack the clearly heretical as insulting their faith?
And they can wear their American flags the day before and the day after May 5th. Just call it "Flag week".
Bow before your progressive overlords. Repent of your thoughtcrimes.
As soon as I read this article I thought to myself: "Do they not see!?" And then I was like...um..."Nope".
zen0: I thought of that too, but school's out for the summer when that holiday rolls around, so, of course, it's irrelevant, because, well, pragmatically it's irrelevant, and so it shouldn't be part of the discussion.
Logically, it still doesn't follow. The order doesn't ban students, just freedom of expression. Thus, the best way to make officials at the high school to take notice is to insult the Cinco de Mayo celebration in sufficient display to make them withdrawal it. Ban the freedom of expression for all. Parents can take the initiative by claiming racial violence via the court judgement to keep their kids at home. The loss of money from attendance is enough to give the officials second thoughts.
"The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights."
They didn't say that student's fear of racial violence was of any concern.
Can it be any clearer that it is not really for the children?
Why not wear the flag of the Austrian Emperor Maximilian, whose forces finally did, with help from Napoleon III!, defeat the Maxicans after Puebla?
"It would be funny to see a student wear a French flag on Cinco de Mayo and watch as absolutely no one got it."
You mean a plain white t-shirt?
Well, legal in Alaska, Hawaii, Washington, Oregon, California, Arizona, Nevada, Idaho, and Montana
Emanations in the penumbras of the Yelling 'Fire' In The Theater Rule.
Husbands will have to curb their speech over concerns of spousal violence.
Neighbors will have to curb their speech over concerns of community violence.
Spectators will have to curb their speech over concerns of booster violence.
Sportsmen will have to curb their speech over concerns of opponent violence...oh wait, this one is already being implemented.
The parody has become reality.
Do the Mexicans get to wear Mexican flag shirts on July 4th?
We'd never know because the majority of straight white kids are deathly afraid of being stigmatized with the intolerant of non straight white kids label. Is there a phobia for that?
So we can't have the holiday of Christmas celebrated in schools because it might offend someone but if the "holiday" of Cinco de Mayo offends people it doesn't matter.
MSNBC-ism
It really is the Grand Inquisitor writ large. Christ (or in this case the Constitution) gave us freedom, and we've been begging ever since to throw away that freedom in exchange for security.
Give people a choice between feeling safe and being free, and they will choose to feel safe every time.
The only problem is that as soon as they've given up all their liberty, they are anything but safe.
No free speech in schools lest it incite violence? Why stop with schools? If that logic applies, surely it must extend to venues other than just schools. Yes, the courts have found that students don't enjoy the full free speech protections that adults normally enjoy, but I'm sure we can multiply the exceptional situations now that one exception has been grossly made.
"Why not wear the flag of the Austrian Emperor Maximilian, whose forces finally did, with help from Napoleon III!, defeat the Maxicans after Puebla?"
Or the Spanish Empire flag. Heck, the Florida state flag could be racis.
Easy solution. Just have the American flag printed on the inside as well as the outside of the shirt.
Just wear the Gadsden flag. Covers all bases.
It really was too much to think that the Ninth Circus would get it right twice in a row.
The high school's mascot is the acorn.
Nuff said.
You know the game ... gays trump blacks trump hispanics trumps whites trumps white christian males
Close, but hispanics trump blacks.
And muslims trump gays.
Or at least they will very, very soon.
Do the Mexicans get to wear Mexican flag shirts on July 4th?
For now, the Fourth of July is still a holiday, all official and everything, where students still stay home.
Also, even for those bastardized year-round schools, the holiday takes place within an officially approved summer break period, so the issue luckily never comes up.
You know shit just got real when Cinco de Mayo becomes an official holiday as well.
Just wear the Gadsden flag
Or if you really wanna get under some skin in an issue like this, the Battle Flag aught to do it.
So what would they do if a kid refused? Kick him out of school? Sounds like a win/win to me. I wish it had been that easy to get expelled when I was in school.
"I wish it had been that easy to get expelled when I was in school."
Learn that poem. Leeeeearn that pooooooeemmmm.....
LIBERALS TO NATION: Hmm, it looks like diversity isn't strength after all. It looks like diversity just leads to racial violence against whites. Oh well, too late now. Horses have left the barn and broken eggs and omelettes and what-all. The DNC regrets the error. Sorry we destroyed your whole nation, but, ya know, social justice.
Yep, Gadsden flag. Or the Jolly Roger.
"You mean a plain white t-shirt?"
Touché.
Hmmm, I tend to rank Hispanic violence due to a tee shirt right next to Muslim violence due to a movie.
Sounds like a lame excuse to ban the old Red White & Blue.
This may be the beginning of the end for Public Schools. Think about it. They now have the authority to ban members of a certain race for fear of racial violence. Since school administrators will not ban blacks or Hispanics due to fears of being called racist, they will instead ban whites and Asians.
You know, the ones who are higher achievers anyway. With so many high achievers finding alternative paths to learning, suddenly parents start to question why their tax dollars are paying for gangs to sell drugs and start turf wars on government property.
This is probably an optimistic viewpoint though.
@Noah
The French flag would still provoke a reaction because blue, white, & red is too close to red, white, & blue for school officials to tell the difference.
Nope. Can't ban blacks. The Third Circuit recently held that schools can't ban "I [heart] Boobies" bracelets because they are not inherently disruptive and address a social issue.
As an aging ephebephile and roué I consider "I [heart] Boobies" bracelets on post pubescent girls to be wonderful conversation starters.
The students should wear these shirts.
Instead of celebrating Cinco de Mayo, can we just start killing things instead?
Take a conservative, and take away reason and accountability.
"Husbands will have to curb their speech over concerns of spousal violence."
Will one-up that with an example I saw: Male ex will have to curb words about female ex, on grounds of physician intervention due to physical ailments from feelbad. Also, feelbad = domestic violence.
And it didn't even start with this. Schools have long banned expressions of individualism, gang affiliation, and support for the 2nd amendment. But it is outright ridiculous that they ban on clothing that which already sits in the classroom on a flipping pole...or at least it did back in my day.
buzzardist: "If that logic applies, surely it must extend to venues other than just schools."
If they keep allowing more and more restrictions on Free Speech in the interest of Public Safety, eventually there'll be no stopping them.
Coming soon to a demonstration near you?
"Well, ya see...if we let this protest go on, then I can practically guarantee the police are going to end up bashing a few heads in. So really, it's for their own protection that we just ban the protest straight out."
To point out the obvious: If there are people who'll be provoked to violence by the mere sight of a certain country's national flag, then maybe such people should not be in that country.
Far as I'm concerned the blacks can have the public schools. They are fit for 'Obama's children' like Trayvon Martin and that's it.
If you want your kid educated you will need to send him to a school that keeps blacks out by enforcing academic standards.
No more Illinois Nazis, because of concerns of vehicular violence.
Vox's joking apart... this sort of court ruling causes no real "unintended legal consequence", simply because leftist judicial activists do not work that way.
What ever reasons they give for their rulings are all post hoc.
Obama to Putin: Michelle says she'll kick your ass.
Splendid question! Linked:
http://ex-army.blogspot.com/2014/02/a-vox-day-question.html
This may be the beginning of the end for Public Schools.
That is technically impossible, as Teachers Unions already exist.
So, now that we know "concerns of racial violence" supersede the 1st Amendment in public schools, it should be obvious that they must supersede every other Constitutional and legal stricture as well.
So the 9th court just confirmed to the Mexican immigrants and everyone else that the Muslims have had the right strategy all along? Great. So much for civilization and the rule of law.
That's an incantation to which everyone should learn to resort. "I'm sorry, I fear racial violence on the basis of past problems." It's a free legal pass to restore freedom of association.
If only there was a conservative in the 9th district with the balls to do so.
Obama to Putin: Michelle says she'll kick your ass.
Putin to Obama: Nyet. I watch Star Trek show. Warf always got ass kicked.
Is the 9th court not, along with the staff at Live Oak HS, basically saying that Mexican immigrants can't control their violent impulses? That they're less civilized and peaceful then whites?
Isn't it raciss to suggest that Hispanic students will be violent if they see an American flag on Cinco de Mayo?
A better question: will any conservative outlet, say...Fox News...flip the script and announce this as a story of bigotry against Hispanics by the 9th court and Live Oak HS?
"Is the 9th court not, along with the staff at Live Oak HS, basically saying that Mexican immigrants can't control their violent impulses? That they're less civilized and peaceful then whites?"
You only have to spend a short time around Hispanics to know they can't control their impulses.
Hahaha, that's funny because it is true.
Works well when dealing with the womens though. "I don't know what came over me." "I know, I know..."
Just needs someone in authority with the balls to try it. "We refer you to the decision of the Ninth Court of appeals, stating in no uncertain terms that concerns of racial violence trump constitutionally protected rights." But I think those people might be a bit too rare.
On the topic of silly rulings, can we get some tidbits about how the SFWA matters are proceeding?
You only have to spend a short time around Hispanics to know they can't control their impulses.
Granted. But...the left is not supposed to believe or say things like this.
On the topic of silly rulings, can we get some tidbits about how the SFWA matters are proceeding?
No, since they read this too.
I graduated from Live Oak in 85. Even back then there was strife between the Hispanics and Whites. Back then it was termed "Cowboys vs Mexicans". In the last 25 years the area has become more pacified (if that is the right term) and "diversity" has become predominate.
About the school mascot, the "Acorn". We hated it back then, and the current students hate it now. The saying "Live Oak Acorns, we're a bunch of nuts" still holds true.
If there are people who'll be provoked to violence by the mere sight of a certain country's national flag
Some people will be provoked by a cartoon.
"Elmer Fudd made me do it."
Derbyshire was way ahead of the curve on this. He HAD to be chastised.
"no Derb, too soon, too soon!"
I think the white students should fight back...like the sixties "Fight the Power" slogan; wear Cinco de Mayo t shirts in March. Wear Cinco de Mayo t shirts with a circle and slash on it on May fifth, wear a red t shirt with a picture of Stalin on it with the words "I am a Communist" and "100 million served" also on it. Wear a t shirt with a picture of Hitler and a swastika and six million served and "I am a Nazi" on it. Wear an American flag t shirt with the American flag printred on both sides, wear a t shirt with the words "I am not an illegal alien" on it, wear a t shirt with someone climbing a fence with the circle and slash over it, wear a t shirt with the words "My family does not receive section 8 housing, EBT cards, free health care and other freebies from Mexico. They should just use their imagination.
They should just use their imagination.
I sympathize, but there imagination was aborted as soon as they entered the public education system.
A bit OT but reaction to Spike Lee's recent rant:
http://newyork.cbslocal.com/2014/02/28/police-do-the-right-thing-spray-painted-on-brooklyn-home-days-after-spike-lee-rant/
"Dianne Mackenzie, who lives at the vandalized house, told 1010 WINS her front door window was smashed and vandals spray painted between the downstairs window of her brownstone and the side of her stoop, which is connected to the Lee’s home.
“I think there is a connection between Spike Lee’s comments and the vandalism on my house,” Mackenzie said. “This kind of thing does not happen in this neighborhood, we don’t get graffiti, we don’t have windows vandalized, it just does not happen, it’s unusual, and the coincidence of it happening the day after all of the attention he got it just screams at you that it has to be connected with what he said.”"
"That's an incantation to which everyone should learn to resort. "I'm sorry, I fear racial violence on the basis of past problems." It's a free legal pass to restore freedom of association."
Nuance: Learn it!
Legal Basics: Learn Them
Science Fiction: Stick to it.
I have become a solid proponent of segregation. Further, I believe "unfair" laws are just, when there is no evidence that there is a balance. If certain populations cannot hold themselves accountable, then laws should be enacted that do. But the whole population should not unduly suffer for the least among them.
As for keeping blacks out of public schools, how about ending public schools and leaving that to the parents, where it belongs? That is how I would deal with that, though segregation and some other things would be fine if that is too big of a bite up front.
The nice thing? I don't have to push for this. Actually, if I wanted to get to it faster? I would support the current regime, full stroke. They are getting things back by destroying things as they are faster than anything I could hope to create and deploy. The problem? I have objective principles that restrict my logic. So... I'll continue fighting the inevitable.
But remember, kids, that officials' concerns of racial violence don't outweigh the right to a properly integrated prison cell!
"do-the-right-thing-spray-painted-on-brooklyn-home-days-after-spike-lee-rant"
I dont buy it. Likely a ploy; similar to Eric Holders sudden hospitalization for shortness of breath after a coalition of Black Pastors called for his impeachment after He told states to ignore same-sex marriage laws.
When they cant play the race card they play the victim card.
I doubt some old Spike lee fan would go out and tag "do the right thing" after vandalizing a home.
It's just so contrived.
I'm familiar with these areas and have seen "yuppie go home" and "die yuppie" tags going back to 2002. There's no question the locals in those areas hate the progs. But this one just dont seem right.
The funniest part about the whole "five may" thing is that it(the date) isn't a national mexican holiday. In mexico it's an unimportant regional holiday celebrating a minor victory over the French.
Good that the 9th has once again confirmed that it is made up a bunch of dumbos(but of course they're mostly dmos; ipso facto(sp?).
Dicks: Good in the butt
A better question: will any conservative outlet, say...Fox News...flip the script and announce this as a story of bigotry against Hispanics by the 9th court and Live Oak HS?
Nope. Apparently, respect is a one way street. The dominant attitude throughout society today is that it's impossible to disrespect anyone who is a member of the majority. Anyone playing the game of life on the "easy setting" has nothing to complain about and no recourse. To think otherwise is shameful. So suck it up and zip it. Thanks, John Dewey et al.
/s
So the American flag is now "fighting words"?
Godownfighting
Thanks, John Dewey et al. and the NEA (National Education Association)
Couldn't leave them out.
No, since they read this too.
I see.
The 9th Jerk-it Court strikes again. I knew it wouldn't take long for their insanity to settle back in.
It's perfectly legitimate for schools to limit what students can wear, but banishing the American flag while permitting the Mexican flag is more liberal hi jinks.
It's not fair!! I'm so jealous of the Russians in Crimea right now. Imagine, Putin is sending troops to protect his people. I get a funny pressure in my chest just thinking about it. Protecting your own people??? Go figure. What a novel idea. American leaders should try it once in a while. I just laminated some posters yesterday that gave a phone number for any complaints Chinese and Spanish speakers might have over lack of services in said languages in all Oakland city depts. Such services are now mandated by city charter. In fact, it is the policy of the City of Oakland to eventually replace all workers with Spanish and Chinese speakers.
MY (US)Chauvinist response is... GOOD!
The US flag is NOT to be disrespected by it's use as clothing, etc.
I have NO problem with "celebrating" May 5, anywhere in the US that a Mexican flag flies, (embassies, and Plaza hotel excluded) as pink taco day.
CaptDMO
Somebody needs to point out to those poor little offended Mexican kids that without the aid of the United States to the liberal democrats of Benito Juárez, the Mexicans would probably be speaking French by now. All Mexicans should salute the American flag on Cinco de Mayo.
Cowards...Conservatives are such plain cowards, it's no wonder the country is lost. Did I miss somewhere where conservatives did more than whine about their diminishing power and actually staged a demonstration at the school and the court and simply made clear that the ruling was unacceptable and would not be recognized?
Aaron Investigates...
Since the issue is a non-US holiday being celebrated in US schools, perhaps the solution would be to celebrate another non-US holiday
.
http://en.wikipedia.org/wiki/Battle_of_Camar%C3%B3n
Celebrate Camarone week starting on 30 April through 6 May. Play “Le Boudin” the Foreign Legion theme, and “Le Marsellaise” on school loudspeakers. Wear Tri-color flags and Kepi-blanc. Students of French, German, Polish, Russian, Spanish and Italian heritage can all participate since that was the ethnicity of the Legion in the day. Remind everyone that 60 held off 3,000 to the last three men. Show photos of the annual Legion parade and Captain Danjou’s wooden hand.
LOL when no one gets it.
Tom
"Imagine, Putin is sending troops to protect his people."
Thing is, Ukrainians are not his people. It'd be akin to Quebecois being sent to curb protests in D.C., then labeling the protestors as thieves and criminals.
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