There seems to be growing trend in America where teachers,
schools, school districts and even federal judges are putting self-imposed
limits on First Amendment rights.
In 2010 there were a least two incidents (both in
California) where public school students were instructed not to display the
American flag, the symbol of our great nation, because it might offend other
students, particularly those of Mexican descent. Five student at a California high school wore
American Flag t-shirts and bandannas to school on Cinco de Mayo – a traditional
Mexican holiday. The other students were
not banned from wearing Mexican colors but the five boys were sent home for
wearing American flag symbols and refusing to remove them or turn them inside
out.
The school cited “safety concerns”, meaning they were afraid
the five boys would be confronted by the Mexican students and violence would
erupt. But is that a legal reason to ban
someone’s First Amendment rights?
Cinco de Mayo is celebrated by many Americans of Mexican
heritage as well as by Mexican nationals living, both legally and illegally, in
the United States. It is often
celebrated by white Americans as well – a great excuse to eat Mexican food,
drink Mexican beer and listen to Mariachi music. Even as divided as this nation is right now I
don’t think too many people in the country get upset about it. Until they are told to respect the Mexican
holiday and those who celebrate it at the cost of their own freedom of
expression.
In this case the five students were obviously being
rebellious and trying to make a point.
But were they legally authorized to wear the American flag on their
shirt on that day? According to a
federal judge in probably the most liberal state in the union the answer is
no. That federal judge, in 2011, sided
with the school not only in saying that safety concerns were a valid reason to
deny the students the right to display the American flag on Cinco de Mayo but
also that their “First Amendment rights were not violated.” Huh?
So in this great United States of America a public school,
funded by taxpayer dollars, can deny students the right to wear the symbol of
our nation to school and it’s not a violation of their First Amendment
rights? And the school will bend over
backward to make sure that no one who is celebrating a foreign holiday is
offended? You gotta love political
correctness.
In another case, also in California, an elementary student was
instructed to remove the American flag he flew on the back of his bike because
it might offend other students.
Apparently the school had prevented students from bringing or wearing
the Mexican flag on Cinco de Mayo (also a violation of First Amendment rights)
and those students were asking why Cody Alicea was allowed to have the American
flag on his bike.
Seems to me any good principal would have answered that
question rather easily. “First – it’s
the symbol of our country and not of another country and second – his bike is
parked outside, not in the classroom.”
As I said – I believe students of Mexican heritage (or any
foreign heritage for that matter) have the right to display a reasonable form
of representation of that heritage if they so desire – even in school. That’s what free speech is all about. That said – if you come here from another
country or you identify with your country of heritage and the American flag is
offensive to you – feel free to go to that country. This is the United States of America. The stars and stripes is our national symbol
and we fly it proudly. If you don’t like
that the border is open – even if Obama and Janet Napolitano say otherwise.
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