ACLU: Students' American Flag T-Shirts Are Protected Speech

[w¡n9Nµ7 §£@¥€r 123]

Last week, five students at Live Oak High School in Morgan Hill, Calif., were sent home on Cinco de Mayo for wearing T-shirts bearing the American flag. The students were reportedly sent home after Vice Principal Miguel Rodriguez told them the shirts posed a "safety issue" on a day celebrating Mexican heritage.

Punishing students for wearing T-shirts with the American flag is a clear violation of their free speech rights. The ACLU of Northern California responded to the incident by sending a letter (PDF) to Morgan Hill Schools Superintendant Dr. Wesley Smith, reminding him of the speech rights students are entitled to under the U.S. Constitution and California law.

The letter points out that students' wearing of the American flag wouldn't have been controversial but for the interest of other students in celebrating their Mexican heritage on Cinco de Mayo. The students' patriotic display was particularly meaningful because of the context, and their right to express their patriotism in light of that context must be honored. The right to wear an American flag every day but Cinco de Mayo would do little to advance the important work of the First Amendment, whose protections must be enforced every day.

There is another important lesson for the school here. For displays of the American flag to create such a strong concern about disruption, it's likely the school has underlying racial and cultural tensions that need attention. Using censorship to suppress student speech is exactly the wrong thing to do in this kind of situation. While the school superintendent did make a statement reaffirming the school district's support for students' speech rights, it's also important that the Live Oak teachers and administrators use this incident as an opportunity to teach students tolerance, diversity and mutual respect.

http://www.aclu.org/blog/free-speech/students-american-flag-t-shirts-are-protected-speech

[SMOKE 1,426]

YEAH! GO ACLU!!

[Heracles 417]

American should just run all of their thoughts and opinions through this organization for approval.

Edited May 11, 2010 by Booyah!

[Obama 2012 1,714]

The ACLU can do something right?

Who knew...

[one...two...tree 2,762]

YEAH! GO ACLU!!

The ACLU can do something right?

Who knew...

People who read or listen to other news sources besides Faux News.

[Heracles 417]

ACLU - the new sheriff of America.

You guys endorsing them is like saying a child molester was great at community service during Katrina.

[Obama 2012 1,714]

ACLU - the new sheriff of America.

You guys endorsing them is like saying a child molester was great at community service during Katrina.

better watch out. The ACLU won't like the fact that you change your avatar so freely all the time.

[Heracles 417]

better watch out. The ACLU won't like the fact that you change your avatar so freely all the time.

What I disagree with is them influencing America by means of the closed door court room. That is not a democracy of the people, by the people and for the people. Realistically, they are no different to lobbyist getting their way. It's also why like many other first world countries, I strongly disagree with a judicial system yielding so much power over the people.

While I a not a citizen here, that is just my opinion based on my experience using a different system. In particular, one ranked 2nd in the entire world for Human Development - a metric which encompasses all of that.

Edited May 11, 2010 by Booyah!

[w¡n9Nµ7 §£@¥€r 123]

YEAH! GO ACLU!!

[Mr. Big Dog 10,747]

I can see it now: Since the ACLU is standing up for people's rights to wear American Flag T-shirts, those clothing items will forthwith not be welcome at Tea Party rallies. Watch also for GOP'ers to lose the American flag lapel pins. They're not going to give any credence to whatever the ACLU does. No way.

[Pooky 3,786]

I can see it now: Since the ACLU is standing up for people's rights to wear American Flag T-shirts, those clothing items will forthwith not be welcome at Tea Party rallies. Watch also for GOP'ers to lose the American flag lapel pins. They're not going to give any credence to whatever the ACLU does. No way.

Bah, humbug!

[evli1966 88]

Since we are on the Flag topic.

Just my curiosity so I hope you don't take offense to the question statements.

Big Dog are you guys not all USC or trying to be?

If so why would you Fly the US Flag with other flags of other countries; which I assume you are both from immigrating here.

If so your allegience is to the USA and it's flag and you give up any previous allegience to any other country.

I can understand if you wish to rememebr your heriatage but that has nothing to do with a former countries flag or it's poictical agenda. Is there not another means in which to show support for your heritage?

By the way shouldn't the American flag should be displayed to the right of the other flags.

I assume you are trying to display the flags under each person named.

[Mr. Big Dog 10,747]

Since we are on the Flag topic.

Just my curiosity so I hope you don't take offense to the question statements.

Big Dog are you guys not all USC or trying to be?

If so why would you Fly the US Flag with other flags of other countries; which I assume you are both from immigrating here.

If so your allegience is to the USA and it's flag and you give up any previous allegience to any other country.

I can understand if you wish to rememebr your heriatage but that has nothing to do with a former countries flag or it's poictical agenda. Is there not another means in which to show support for your heritage?

By the way shouldn't the American flag should be displayed to the right of the other flags.

I assume you are trying to display the flags under each person named.

Not sure what you are misreading here. On the issue of students being sent home from school for the "offense" of wearing t-shirts with the US flag on them, I am appalled by the action taken at that school. There was a thread on that. I invite you to peruse it and get a better idea on where I stand on the issue. I am a naturalized citizen as is my wife. Our daughter is a born American. The flags under the names in my signature simply reflect each of our origination. Our loyalty is with this nation which both my wife and I have chosen to be a part of.

As a citizen, I have every right to be critical of certain aspects of policy and politics just as any other American. This should not be mistaken, however, for any lack of allegiance to this country on my part. Again, I made a choice to be an American, gave up my German citizenship in the process and I have no regrets whatsoever.

[evli1966 88]

As I stated it is not my intention to offend nor did I state you were against someone else wearing the US flag in regards to what happen.

I was curious as to why you would fly a flag of your former nation if your a US citizen; the same question I would pose to some one displaying a confederate flag which has less meaning than one of a former nation.

As a US citizen we have feedom of speech which but I see many people displying the flag of former countries here in the states because they still feel the should be loyaty to that country.

It has to be hard to change how one thinks in regards to a former country once becomeing a citizen; I for one could not tell you that sort difficulties which is why I was also asking in order to learn.

Thanks for responding

[justashooter 430]

As a US citizen we have feedom of speech which but I see many people displying the flag of former countries here in the states because they still feel the should be loyaty to that country.

theodore roosevelt remarked 100 years ago that there is no such thing as a "hyphenated American". a person is either an American, or they are not. they need to choose, and stick with their choice.

as for display of flags: display of a foreign flag on American soil is properly done by flying said flag in conjunction with an American flag, and the American flag must be hoisted to a higher elevation than the foreign flag.