Friday, May 21, 2010

CNN's Reuben Navarette: American Flag wearers were "Disobedient Brats".

Reuben Navarette's article was in regards to the Live Oak High School incident where five students who wore American flag inspired clothing were ordered to reverse their t-shirts or be sent home for the day. The boys refused, recognizing that their clothing is an expression of political speech and therefore protected under the First Amendment.

The main point of Reuben's argument is that wearing the American flag at an American high school on May 5th is disruptive behavior. Cinco de Mayo is not even a US holiday, for crying out loud. How is wearing US national colors on any day of the year in school "disruptive"?  These boys were making a political point. "Celebrate your Mexican national roots but don't forget that you are Americans." Or should be, who knows today with so many illegal aliens from Mexico and Central America in our nation? 

He then cited three cases that came before the U.S. Supreme Court that upholds the right of school administration to restrict speech. However, his citations of case law is disingenuous and I'm disappointed.

In Bethel School District v Fraser (1986), the court upheld that schools have the right to uphold community standards and were right to stop a speech that was filled with sexual innuendo. This was not a political speech issue and therefore not protected to the same standard. 

Hazelwood v Kuhlmeier (1988) documents a case where Hazelwood School District was determined to be innocent of violating student's First Amendment rights when an article about teenage pregnancy and use/non-use of birth control was edited from a high school paper, again because the subject matter was deemed inappropriate for the younger class members of the school. Not a political expression issue, and therefore not protected to the same standard.

Morse v Frederick (2007) was a school speech case in which the Supreme Court that First Amendment does not prevent educators from suppressing student speech, even at school supervised events, that can be reasonably viewed to promote illegal drug abuse.

Hey Reuben, how about citing some case law that actually deals with freedom of expression of POLITICAL views? Your argument is pathetic and I, a non lawyer, was able to rip it to shreds in fifteen minutes of Google searches.

To sum up, these boys were expressing their POLITICAL views by wearing those shirts on May 5th and as long as the display of the national colors is in good taste the wearing of such colors should never be deemed disruptive.

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