The court therefore concluded that, under Tinker, the principal’s restriction of the students’ speech was permissible:
Here, both the specific events of May 5, 2010, and the pattern of which those events were a part made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real. We hold that school officials, namely Rodriguez, did not act unconstitutionally, under either the First Amendment or Article I, § 2(a) of the California Constitution, in asking students to turn their shirts inside out, remove them, or leave school for the day with an excused absence in order to prevent substantial disruption or violence at school.
This is a classic “heckler’s veto” — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence. “Heckler’s vetoes” are generally not allowed under First Amendment law; the government should generally protect the speaker and threaten to arrest the thugs, not suppress the speaker’s speech. But under Tinker‘s “forecast substantial disruption” test, such a heckler’s veto is indeed allowed.
The 9th Circuit decision may thus be a faithful application of Tinker, and it might be that Tinker sets forth the correct constitutional rule here. Schools have special responsibilities to educate their students and to protect them both against violence and against disruption of their educations. A school might thus have the discretion to decide that it will prevent disruption even at the cost of letting thugs suppress speech.
Yet even if the judges are right, the situation in the school seems very bad. Somehow, we’ve reached the point that students can’t safely display the American flag in an American school, because of a fear that other students will attack them for it — and the school feels unable to prevent such attacks (by punishing the threateners and the attackers, and by teaching students tolerance for other students’ speech). Something is badly wrong, whether such an incident happens on May 5 or any other day.
Exit question- can the free speech of gays in public schools be muzzled for their own safety?
The proximate cause for distress is the threat of civil disobedience and violence.
Thus the Hispanics must not be provoked. To wear an American flag, while in America, and being a U S citizen, is apparently now deemed provocative.
The ruling makes the Constitution into a suicide pact.
If the Hispanics are provoked by an American flag, let them stay home. Permanently.
It used to be the case that the American flag was present in the classroom, and students recited the Pledge of Allegiance at the beginning of each school day.
I guess we are not Americans anymore.
Sigh.
I miss the old days.
this is unaccepteble, the judge made a mistake as an AMERICAN JUDGE,
or is he really AMERICAN, IS QUESTIONEBLE, AND SAME FOR TEACHER WHO IS HE WHERE DO THEY COME FROM TO DARE NEGATE THE FLAG N SCHOOL FOR WHATEVER EXCUSE,
IF YOU DON’T HAVE THE ABILITY TO PREVENT THE NEGATIVES INSULT, LEAVE YOUR JOB YOU ARE NOT ABLE TO MAKE A POINT FOR AMERICA AND THE FLAG, YOU CANNOT TEACH AS AN AMERICAN
THE STUDENT WANT THE FLAG AND CAN HAVE A HEALTHY DEBATE OVER IT,
AND ANY ONE WHO IS LOOSING HIS TEMPER MUST BE OUT TO RECOVER AT HOME,
THE TEACHER HAS THE RESPONSIBILITY TO LET THEM SPEAK TOGETHER AND WARN THEM OF NO
CONFRONTATION PHYSICALY WILL BE TOLERATE,
THE TEACHER ARE NOT BEING PAID BY FOREIGNER, THEY ARE PAID BY THE PARENTS AND ALL THE CITIZENS OF AMERICA,
AND THEY MUST PROMOTE AMERICA TO BE THE ONE ON TOP
IN AMERICA AND THE FLAG TO BE PRECIOUS, LIKE THE STUDENT WHO WEAR THE FLAG HAVE LEARNED, AND THEY
CAN DEFEND THE FLAG WITH THE OTHER STUDENT VERY WELL,
THEY MUST BE ALLOWED TO DO SO, if not, there is the danger
Wearing the flag is illegal.
While I am not happy about the American flag being worn as an article of clothing, if an individual wants, they should be free to do so. I have no right to not be offended.
Having said that, every jacket and work shirt that I possess has an American flag patch on the shoulder. They’re statements, not fashion statements.
And no one, not even a Mexican student, has a right to not be offended.
they wear the flag because they are not allow to bring the flag in school ,
SO NOT TO OFFEND?????? WHAT THE SHIT IS THAT AGAIN,
SO NOT TO OFFEND? THE OTHER ARE OFFENDING THEM,
BY NOT ALLOW WANTING THE FLAG AT SCHOOL,
AMERICA IS OFFENDED, RISE UP TO TELL THEM,
SO THEY HAD THE BRIGHT IDEA TO WEAR THE FLAG,
THOSE STUDENTS ARE THE SAME WHO WILL FIGHT FOR THEIR BELOVED AMERICA,
SOON LATER, THEY ARE THE PILLARS OF AMERICA WHO IS PUSH TO A GLOBAL MENTALITY,
WHICH WILL DESTROY HER,
REMEMBER THAT AFRICAN MOTHER REFUSING HER CHILD TO RECITE THE PLEDGE OF ALLEGIANCE?
SHE SAID I’M A NEW IMMIGRANT, AND I EMIGRATE BECAUSE I WAS TOLD THAT AMERICA WAS A GLOBAL COUNTRY, AND I DON’T HAVE TO LET MY CHILD RECITE THE PLEDGE OF ALLEGIANCE,
IS THAT WHAT AMERICA HAS BECOME, IS THAT WHAT IS TAUGHT IN SCHOOL?
THE TIME HAS COME TO REMIND THE JUDGES, AND THE TEACHERS WHERE THEY ARE,
THOSE STUDENTS WILL PROTECT THE RIGHTS OF AMERICANS SOON LATER,
THEY ARE THE ONE WHO ARE RIGHT ON THE SIDE OF THEIR COUNTRY,
DON’T YOU DARE TOUCH THEM,
AND WE ARE ALL OFFENDED THAT YOU ALL ARE OFFENDED,