Ban on Rebel flag items is overruled

[The Straight Story]

Ban on Rebel flag items is overruled

JUDGE SIDES WITH STUDENT IN W.VA. CASE

By Brian Farkas

ASSOCIATED PRESS

CHARLESTON, W.Va. - A federal judge has ruled a high school dress code that banned items bearing the "Rebel flag" is overly broad and violates students' rights to free speech.

But U.S. District Judge John T. Copenhaver Jr. warned students if they use the Confederate battle flag as a symbol to violate the rights of others, "the very ban struck down today might be entirely appropriate."

Copenhaver's ruling came in a lawsuit filed by Hurricane (W.Va.) High School senior Franklin Bragg, who was ordered to serve two in-house detentions last November for wearing the T-shirt with the flag's image.

The lawsuit was filed by the American Civil Liberties Union of West Virginia after attempts to resolve the issue with school officials failed.

http://www.kentucky.com/mld/kentucky/news/local/11793677.htm

[lenidog]

1. The irony of this is that West Virginia seceded for Virginia

because of the Civil Wat

[ArkDem]

19. Are you sure it wasn't Angkor Wat ?

[lenidog]

20. Would you believe its already been a long day.

[formerrepuke]

2. Considering West Virginia's origins as a state.. I wonder if this kid

sees the irony.

[The Great Escape]

6. Southern WVa...

was largely pro-confederate. I imagine back in the day, the average citizen would have preferred to remain in Virginia. The boundaries of WVa were largely shaped by the physical presence of Union troops, defensive considerations and a desire to punish Virginia. But you are right. I doubt that he does the irony thing.

[bowens43]

3. Good decision.

If we don't protect speech we don't like, we can't protect speech that we do like.

[Toots]

8. So schools should not be allowed dress codes?

I think it is appropriate for a school to regulate the appropriate attire for it's students. They don't allow gang colors in LA schools. Is that also a denial of free speech?

[bowens43]

9. Just how far do you want them to go?

You want them all to wear uniforms?

Sorry, free speech is not trumped by hurt feelings. This was a good decision.

[Toots]

14. School is a unique environment

Kids should be regulated on disruptive behavior. School is not a free speech zone believe it or not. Kids can not just do and say what they please. After school is out they can wear anything they wish or say anything they wish but not during school. What if a girl wanted to come to school dressed in a bikini? She does not have that right nor should she. It would be extremely disruptive. Hormones are raging at that age. Wearing something that is so emotionally charged is also disruptive. I think this was a very bad ruling.

[Tomee450]

21. I think you are wrong in this instance.

Parents expect a safe environment for their children in school. What would that kid have proved if others, so angry at what that flag represents, lost their temper and assaulted him. What if he wound up in the hospital with broken bones. Then his friends and others might jump in an all hell breaks loose. Common sense should always be used. Also, what do you think would happen if a black kid came in with a tee shirt stamped Black Power and showing a large black raised fist. That would create a lot of trouble either in school or once it was over. The school was exercising good judgment, IMO.

[David__77]

4. I agree with the ACLU on this.

However, I would also agree with the Black students beating the racist's ass.

[Ravenseye]

5. Why not make their own t-shirts

"hey rednecks, guess what? We won. You lost. Suck our big black cocks."

[David__77]

7. Yes, but...

...when you look at US society, can you really say Black people "won?" Perhaps outright slavery was banned, but the road to justice is still winding into the future.

[Ravenseye]

12. Yes, but...

It's perfectly possible now for a black man to go to college, get a good job, start his own company, become a millionare, marry a white woman, divorce her and take her money, marry a black woman, raise healthy rich black babies who buy and sell the white rednecks in the trailer parks who once owned them.

Sure most are stuck in poverty and there are many things that need to be done to help them, particularly bring back manufacturing jobs to the US with fair trade laws.

Still it's progress right?

[barb162]

10. that would be great on a t-shirt,

bwaha

[comsymp]

11. Really? would you also agree with

freepers beating the asses of anybody wearing a "Fuck Bush" t-shirt?


EDITING to agree w/Bowens, and your first comment - it's the unpopular / controversial speech which needs protecting~

[David__77]

13. No, of course not.

But I am not a pacifist, and there is a right and a wrong. It is right to strike at racists and fascists.

[comsymp]

15. Ah, OK.

Maybe you'd better send out a memo on whom it is / isn't permissible to hit, just so there won't be any confusion. You know how people can get when left to rely on their own judgement in these things.

[David__77]

16. Those wearing confederate flags need no memo.

The racists carry out terror regardless of anti-racists' desires. The question is whether or not to crush them.

[comsymp]

18. Boyohboyohboy, we could argue at least 3 separate points in that

statement.

I'll just stick to the game already in progress.

A) We don't, as individual members - or as groups of individuals - of a society, get to decide whose asses deserve kicking, and then go act on it without repercussions. "One man's terrorist...", etc. Based on the inferred system of Perception of Threat Justifies Violent Action in your comments, how would this work: If, in this case, the white kid wearing the CBF t-shirt was assaulted by a black kid wearing an X t-shirt, wouldn't that black kid be next in line for an asswhuppin?


Oh, and B) Violence. Doesn't. Work.

(see: Hussein, Saddam; Iraq, Invasion Of; Afghanistan, Soviet Invasions of)

And just because... free speech which is challenged by society-approved violence, ain't free speech.

[stanwyck]

17. I prefer a personal ban, including

(and I live in Atlanta) any yahoo driving up to my house to sell me firewood or lawn services or whatever and the Rebel flag is pasted to their vehicle. Just don't even bother to get out and talk to me. You're not hired.
Another way to cull the herd.