Appeals court says school had right to ban U.S. flag T-shirt

[Pilotto]

The 9th circuit court of appeals is the most insane liberal court in America. This clear breach of the Constitution will not survive the Supreme Court.

Constitution this, Constitution that.

It has become a mantra.

People inside schools sign up for whatever discipline they might get, just like in the military.

Sorry, the Constitution is kind of a big deal here in the States. You wouldn't understand.

[Mushet]

Are you serious with this? They weren't banning everything that somebody finds offensive they were stopping this kids from purposely baiting with these shirts by telling them to turn them inside out or leave, it wasn't hyper sensitivity either, this was sending a very clear negative message.

So what if a kid comes in wearing the American flag just as a patriotic symbol?

Then it probably wouldn't be an issue, provided there wasn't a misunderstanding, but everything else being equal I doubt it'll be a problem, one student alone doing it isn't as suspicious, especially with innocent circumstances.

[Pilotto]

That doesn't prove that the document was written with that meaning, just that people assume it is.

I think it's relevant enough to assume that if it was unconstitutional, it would've already been shut down.

It will be. The 9th circuit court of appeals is the most insane liberal court in America. The Supreme Court will rightly strike this down.

[Riiser-Larsen]

That doesn't prove that the document was written with that meaning, just that people assume it is.

I think it's relevant enough to assume that if it was unconstitutional, it would've already been shut down.

Never assume anything.

[Viritica]

So what if a kid comes in wearing the American flag just as a patriotic symbol?

Then it probably wouldn't be an issue, provided there wasn't a misunderstanding, but everything else being equal I doubt it'll be a problem, one student alone doing it isn't as suspicious, especially with innocent circumstances.

But it seems to me that they've banned it outright.

[Degenerate Heart of HetRio]

So we just disregard the constitution?

Do you really think late 18th century men would think we have absolute freedom to do whatever we want just because of something that is intended as a protection of POLITICS?

[Flau Byeregenie]

Constitution this, Constitution that.

It has become a mantra.

People inside schools sign up for whatever discipline they might get, just like in the military.

So we just disregard the constitution?

When it gets in the way of protecting individual freedom and liberty for all? Yeah, we should.

Fuck the Constitution. Fuck what people 200+ years ago wanted. We in the present should not be constrained by the tyranny of the past. The Constitution is not an excuse for the continued oppression freedom-haters want to enforce.

[West Afrika]

It saddens me that 56 people agreed to the court's decision. It's a flag. If you can't handle it, grow some thicker skin, you crybaby.

[Degenerate Heart of HetRio]

I think it's relevant enough to assume that if it was unconstitutional, it would've already been shut down.

Never assume anything.

Not in the Constitution.

[Flau Byeregenie]

It saddens me that 56 people agreed to the court's decision. It's a flag. If you can't handle it, grow some thicker skin, you crybaby.

Freedom is more important than your backwards, oppressive victim-blaming and notions of bravado.

[Republic of Greater America]

If people associate the US flag with hate crimes, that's their prejudice and their problem.
Plenty of flags have been used to back heinous shit. Get over it. We cannot let peoples whining about their feels undermine our rights.

It just so happens the association of american flags with white supremacy is near unanimous in my fathers sinigog as well as a majority position in most majority latton churches. The association is not fringe any more than the association of the Confederate flag with anti-black wite supremacy.

What...? The NAZI flag represents white power. The American flag just represents America. The appellate court is an idiot.

[Trotskylvania]

That's entirely irrelevant, because the distinction between protected and unprotected speech is older than the Constitution, and the First Amendment was never intended to be, nor was it written as, providing an absolute freedom of speech.

Prove it.

Freedom of speech is one of the general English liberties protected under common law. The Founding Fathers cited the curtailing of these rights for colonists as one of the reasons for their rebellion.

And in First Amendment jurisprudence, the US Supreme Court interpreted the protection of freedom of speech very broadly, but not absolutely. Harassment, fighting words, incitement, and defamation are all valid content based restrictions, and that's because they pass a very strict test with regards to legitimate, compelling state interests.

Time, place and manner restrictions have a slightly more relaxed test, and this is where schools come in. People are in school to learn. Consequently, a student's right to free speech does not give him the right to disrupt class or be a nuisance. Hence, why schools can discipline people, whether they're being a class clown, or they're taunting minorities.

[Pilotto]

So we just disregard the constitution?

When it gets in the way of protecting individual freedom and liberty for all? Yeah, we should.

Fuck the Constitution. Fuck what people 200+ years ago wanted. We in the present should not be constrained by the tyranny of the past. The Constitution is not an excuse for the continued oppression freedom-haters want to enforce.

Right. Forget laws. Fuck personal liberty and individual rights, it is much more important to ensure that no one is offended by anything.

[West Afrika]

It saddens me that 56 people agreed to the court's decision. It's a flag. If you can't handle it, grow some thicker skin, you crybaby.

Freedom is more important than your backwards, oppressive victim-blaming and notions of bravado.

Who's freedom is being oppressed from a FLAG?

[Pilotto]

Freedom is more important than your backwards, oppressive victim-blaming and notions of bravado.

Who's freedom is being oppressed from a FLAG?

It's not about freedom. Liberals do not care about freedom, only political correctness.

[Flau Byeregenie]

When it gets in the way of protecting individual freedom and liberty for all? Yeah, we should.

Fuck the Constitution. Fuck what people 200+ years ago wanted. We in the present should not be constrained by the tyranny of the past. The Constitution is not an excuse for the continued oppression freedom-haters want to enforce.

Right. Forget laws. Fuck personal liberty and individual rights, it is much more important to ensure that no one is offended by anything.

It's your Constitutional argument that is in favor of the right to oppress. Why do you hate freedom so much?

[Viritica]

So we just disregard the constitution?

Do you really think late 18th century men would think we have absolute freedom to do whatever we want just because of something that is intended as a protection of POLITICS?

It's not intended as a protection of politics. It's intended to protect my right to say what I want because this is a free country. It's the only thing that separates us from countries like China where you can be detained for speaking out against the government.

[Trotskylvania]

But they aren't making a broad restriction. They told these people that they would either turn their shirts inside out and knock it off, or they'd be suspended. The kids refused, and thus the kids were suspended. They sued, trying to challenge this on First Amendment grounds. They lost.

There is no blanket ban on wearing American flags, at this school or any school.

The 9th circuit court of appeals is the most insane liberal court in America. This clear breach of the Constitution will not survive the Supreme Court.

It's not a clear breach, it is a by rote application of the relevant case law. The Supreme Court will deny cert, because they will not overturn Tinker v. Des Moines

[Degenerate Heart of HetRio]

Who's freedom is being oppressed from a FLAG?

It's not about freedom. Liberals do not care about freedom, only political correctness.

Strawman is a very ugly thing to do, mister.

[Pilotto]

Right. Forget laws. Fuck personal liberty and individual rights, it is much more important to ensure that no one is offended by anything.

It's your Constitutional argument that is in favor of the right to oppress. Why do you hate freedom so much?

Wearing a patriotic shirt does not oppress anyone or trample on anyone's personal freedom. Preventing students from wearing a patriotic shirt does.

[Degenerate Heart of HetRio]

It's not intended as a protection of politics. It's intended to protect my right to say what I want because this is a free country.

You're romanticizing your country. It's just like any other through paper.

[West Afrika]

Who's freedom is being oppressed from a FLAG?

It's not about freedom. Liberals do not care about freedom, only political correctness.

Fuck liberals, I'm moving to Nome.

[Flau Byeregenie]

It's your Constitutional argument that is in favor of the right to oppress. Why do you hate freedom so much?

Wearing a patriotic shirt does not oppress anyone or trample on anyone's personal freedom.

Aside from the fact that patriotism is inherently oppressive (as you'd know if you didn't hate freedom so much), in this particular context this particular shirt was indeed oppressive.

[West Afrika]

Wearing a patriotic shirt does not oppress anyone or trample on anyone's personal freedom.

Aside from the fact that patriotism is inherently oppressive (as you'd know if you didn't hate freedom so much), in this particular context this particular shirt was indeed oppressive.

Jesus mothercunting Christ, IT'S A FLAG!

[Riiser-Larsen]

Prove it.

Freedom of speech is one of the general English liberties protected under common law. The Founding Fathers cited the curtailing of these rights for colonists as one of the reasons for their rebellion.

And in First Amendment jurisprudence, the US Supreme Court interpreted the protection of freedom of speech very broadly, but not absolutely. Harassment, fighting words, incitement, and defamation are all valid content based restrictions, and that's because they pass a very strict test with regards to legitimate, compelling state interests.

Time, place and manner restrictions have a slightly more relaxed test, and this is where schools come in. People are in school to learn. Consequently, a student's right to free speech does not give him the right to disrupt class or be a nuisance. Hence, why schools can discipline people, whether they're being a class clown, or they're taunting minorities.

THANK you. Okay.