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Former Under Secretary of Homeland Security, Author of “Deadly Indifference”, National Security Blog Expert - The National Journal, Political Blogger - The Daily Caller, Radio Talk Show Host - "The Michael Brown Show", Founder & Chairman - Apoklayyis, Inc.

Wearing An American Flag T-Shirt Prohibited By U.S. Court

Before I get to the substance of the Court’s decision this week, here are the facts as cited by the Court in prohibiting high school students from wearing an American flag t-shirt:

On Cinco de Mayo in 2009, a verbal exchange and altercation arose between a group of predominantly white and a group of Mexican students. This altercation involved an exchange of profanities and threats were made. A makeshift American flag was put on one of the trees on campus. A group of Caucasian students began clapping and chanting “USA” as this flag went up. This was in response to a group of Mexican students walking around with the Mexican flag. One Mexican student shouted “fuck them white boys, fuck them white boys.” Vice–Principal Rodriguez directed the minor to stop using such profanity. The minor responded by saying “But Rodriguez, they are racist. They are being racist. Fuck them white boys. Let’s fuck them up.” Vice–Principal Rodriguez removed the minor from the area….

When Plaintiff M.D. wore an American flag shirt to school on Cinco de Mayo 2009, he was approached by a male student who shoved a Mexican flag at him and said something in Spanish expressing anger at Plaintiffs’ clothing….

On the morning of Cinco de Mayo 2010, a female student approached Plaintiff M.D., motioned to his shirt, and said “why are you wearing that, do you not like Mexicans?” Plaintiffs D.G. and D.M. were also confronted about their clothing by female students before [brunch] break….

Defendant Rodriguez was leaving his office before brunch break on May 5, 2010, a Caucasian student approached him and said, “You may want to go out to the quad area. There might be some — there might be some issues.”

During brunch break on May 5, 2010, another student called Vice–Principal Rodriguez over to a group of Mexican students and said that she was concerned about a group of students wearing the American flag and said that “there might be problems.” Vice–Principal Rodriguez took her statement to mean that there might be some sort of physical altercation. A group of Mexican students also asked Defendant Rodriguez “why do they get to wear their flag when we don’t get to wear our flag?” …

Here is the link to the Court’s decision in case you find the following analysis unbelievable.

While one can quickly argue that it is settled law that school administrators (the government) acting as K-12 educators may restrict speech if it “materially and substantially interfere[s] with the requirements of appropriate discipline in the operation of the school” as decided by the Supreme Court in 1969 in the case of Tinker v. Des Moines Independent Community School District, the latest example from California shows how these decisions have unintended consequences which destroy American hegemony and allow multiculturalism to destroy the very fabric upon which this nation is founded. Sound extreme? Good, because we are on an extreme path toward destruction of American society.

Remember Benjamin Franklin’s admonition in 1775? Dr. Franklin wrote: They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

In the California case, the school administrators have made two wrong decisions, both of which have been upheld by the Court, either directly or indirectly. First, the school, citing safety concerns, asked those wearing American flag t-shirts to turn those shirts inside-out. Why? Because other students were disrupting the school, threatening those wearing the t-shirts, and using violence to get their way. Second, the school attacked the targets of the violence, instead of going after those who were acting violently. In other words, the school opted for safety over liberty.

Here’s the essence of the Court’s decision:

Here, for the reasons discussed above, Defendants have provided a non-discriminatory basis for asking Plaintiffs to remove their American flag attire. Defendants have put forth significant evidence demonstrating that Plaintiffs were asked to change clothes in order to protect their own safety.

In other words, it is no longer safe to wear an American flag in a public school because students of Mexican-descent might attack you. The typical liberal, progressive solution is to discipline those who wear the flag t-shirts, not those who threaten or carry out the violence.

We are slowly, but persistently, losing our liberty. Dr. Franklin was unfortunately correct.

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One Response to “Wearing An American Flag T-Shirt Prohibited By U.S. Court”

  1. Mike #

    As horrible as this is, does it really surprise you out of San Francisco? Any judgment made there should not be taken as a sign of the direction of America. I agree that it may well be headed that way, but I need to see the same thing outside of SF before I give any credence to it. That city is ridiculous.


    November 10, 2011 at 9:37 pm