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When you have a cite that shows that minors have absolute First Amendment rights, particularly in a school setting......please post it. Quote:
Neither one are first amendment issues....nor do they apply to rights of expression in a school setting. |
So a 17 yo can't refuse a consent to a search or questioning without a Lawyer present?
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If a kid can wear a shirt with a mexican flag to school then a kid can also wear a shirt with an american flag on it. It doesn't matter why they wore it because then you are talking about thoughts, not actions.
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I still say they should sue the fuck out of that school, just to make a point.
My money is that they would eventually settle out of court because they know they screwed up. |
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I favor illegals over citizens. :eek: Nice try, but ignorant of the facts. The point is that I understand the Constitution and you dont...as has been made evident now in several discussions. The Constitution is NOT just for citizens as you insisted....and, minors do NOT have absolute First Amendment rights. |
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To date the Courts have only allowed LIMITED rights to illegals, Terrorists and Enemy Combatants, the same people you support. Minors have Rights. |
No really. I want to hear why you want to give and support Constitutional Rights to Illegals, suspected Terrorists, and Enemy Combatants but not to students who are completely legal.
Your chance to shine. GO! |
Sorry, folks, for the distraction.
But I dont intend to let personal attacks and false allegations go unanswered. Merc...anytime you want to have a moderated discussion on the Constitution, just let me know.....no name calling, no "fails"... Just you and me...and a moderator (UT) to keep it civil and focused. :) |
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Please link any post of mine where I said anything other than the above about "rights" for illegals or detainees. You were the one who said they had NO rights....that the Constitution was ONLY for citizens. I also agree with court decisions affirming that the Constitutional rights of minors are not absolute and can be restricted or limited in a manner that would not apply to adult citizens. |
:corn: Another epic Fail...
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Gosh, am I the only one who remembers those wild days when students (white) would wear flags embroidered on their ass and various other anatomical parts. Where I went to school, a girl had the bright idea to make a bikini out of the flag. They arrested the flag burners, but I don't know what they did to the wearers. I also rented an apartment for a while where the previous residents painted a large flag on the kitchen wall and stenciled a marijuana leaf over the top of the flag. For anyone who remembers history, the current hoopla is really nothing much.
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I said illegals should not have the same rights as citizens...you said the Constitution is only for citizens. Who failed? Let the people...or just the citizens decide. :) |
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First, Minors do have 1st amendment rights. Second, if the school is a public school or receives funding from the government then your speech is protected. Where speech is protected is defined as a "public forum" How that forum is defined is complex. In certain circumstances a public school may not be a public forum, but I couldn't say what those might be. Illegal speech or expression is not protected speech. There are a number of exclusions to one's freedom of expression and hate speech or inciting to riot or exhorting someone to break the law are all unprotected speech. Here is a pretty good summary of the First Amendment. It's been about 15 years since I studied the topic in school, so I am a little foggy on details. Maybe I'll read the link myself. You might make the argument that wearing the flag tshirts was inflammatory speech (therefore not protected) It is a bit ironic that wearing clothing made from or depicting the US flag, during the Viet Nam war would be grounds for a summary ass whipping while the cops made sure no one broke up the fight. Times, they are a changin' Quote:
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Here is a great example.
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Sorry it does not support your giving rights to to Illegals, suspected Terrorists, and Enemy Combatants but not to students who are completely legal. |
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Probably the most recent case regarding student first amendment rights.....Morse v Frederick. Quote:
Was it to express patriotism and freedom or was to be provocative (to the point that the administrator thought it might pose a danger) given the recent focus on illegal immigration. |
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I never said that illegals or detainees should have the same rights as citizens. And you did say that Constitution only applies rights to citizens. You cant delete the facts as posted. And you can run away from your own posts as much as you want....no sweat off my ass. |
:corn:
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You say, "Let's say they were sent home for their own safety, and the safety of others who might be caught up in the fray". I don't know where this comes from. The issue was not that people have to be sent home for protection. The issue is that, for safety reasons, certain clothing should not be worn in schools. And if someone decides to wear that particular clothing, they either have to change or be sent home. You say, "when they were attacked in a public school for wearing their country's flag." You make this seem innocent. There is reason to believe this is not true. If it was just someone innocently wearing an American flag, then I would agree with your point. There are a few questions that we do not know that could drastically change the situation. What was the relationship between these students and the Mexican American student population before May 5th? Did these students purposely wear the American flag to make a statement against Cinco de Mayo? How would the Mexican American students react against these students wearing the American Flag on May 5th? If there was a good relationship or non-existent relationship between these student and the Mexican American student population, the students innocently wore the American flag, and the Mexican American students would not react badly (besides getting offended), then I think the decision was wrong by the school district. If there was a bad relationship between these students and the Mexican American student population, the students purposely wore the American flag as a fuck you to Cinco de Mayo, and the Mexican American students would react violently to the shirts, then I agree with the school districts decision. Then the fault lies on both the students who wore the clothes and the people who will react violently. They both created this possible violent situation and the school district is attempting to defuse the situation in the easiest way possible. For me, there is a lot of gray depending on the answers but I do agree that the fault does not solely with the students wearing the clothing no matter the situation. There is a lot of fault if people react violently to something like this. But I do not find fault in a school district that tries to defuse a situation like that. Because if they do not, they will be attacked for not defusing the situation after something possibly happens. But, there is a clear difference between showing American pride by wearing an American T-shirt and saying fuck you to another culture by wearing an American T-shirt. I agree that it is sad that I have to say that last sentence but that, unfortunately, is how our world works. |
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Would it also be reasonable for this inept school administrator to tell a female student, "Young lady, you are wearing a skirt so I assume you have a vagina. You need to go home and lock your doors because your ownership of a vagina might cause someone else to behave in a dangerous manner. Now get along home little lady"? You don't have the right to curb my rights because someone else might choose to be an asshole. If some mexican kid starts a fight, then you deal with the kid who can't deal with the idea of supporting his country. Last I checked Cinco de Mayo isn't an official US holiday anyway. |
The only question is do the students have a right to wear an American flag on their shirts to school any day of the week. All other questions are really not significant.
What if they were to wear a FUBU shirt or a Confederate Flag shirt? Does it matter? IF it does, than no one should be allowed to wear any shirt that promoted one culture or country over another. |
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Are you seriously obtuse enough to think it would be acceptable for a white administrator to send a mexican kid home if he wore a shirt with a mexican flag on it on the 4th of July? (yeah, I know there's no school in July, but you get the point) |
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Not that the young lady is wearing a skirt and has a vagina....but perhaps because the skirt is too short. And the intent does matter because the courts use intent as one measure to determine the right to wear particular clothes. If the intent is to promote a potentially adverse response (which is purely subjective), a particular style of dress may be prohibited. |
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If there is solid evidence that a symbol will cause a violent reaction in a school, I believe there are grounds to ban that symbol. I back that no matter which ethnicity, religion, or whatever stupid divider is on each side. You are just basing your views on strong ideals. If you ran that school, what would you do to stop the violence? Telling them to get a grip on their school doesn't say much. I just assume you mean cultural sensitivity training. :p: Ideally I don't agree with it either, but that is how the world works. You missed the point too Merc, or are you just looking for a reaction? Quote:
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That is, the kids (through their parents) would have to prove the school violated their rights.. not the other way around. If they want to pursue it, I would suggest calling the ACLU...you know, the guys you criticize for standing up for constitutional rights. :) |
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I bet they are already pissing in their pants for the national attention they are getting. My friends :lol:? |
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Oh, and here is another tidbit thats not been addressed - at least two of the four boys wearing the American flag T-shirts had Mexican ancestry.
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this is America
Cinco de Mayo is Mexican Holiday have a Corona and STFU |
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But, the fact is, neither of us know if the policy prohibits wearing bandannas. Quote:
That the five kids acted out of patriotism, rather than to be provocative. You dont know that. In fact, we dont anything about these five kids, other then that they acted collectively. Are they model students? Have they had or provoked confrontations with Hispanic students in the past? Are there tensions in the school between Anglo students and Hispanic students? We dont know any of the answers. Presumably, the Asst. Principal does. And, with the bolding, it appears that you are assuming or inferring that the Asst Principal acted based on his own ethnicity rather than out of concern for safety. The Asst. Principal made a judgment call....perhaps, bad judgment...but none of us know all the facts. One fact we do know, the school had a recent history of problems with intolerance and attacks (physical and verbal) against minorities...at the time, it was against gays/lesbian students. |
Assistant Principal Miguel Rodriguez, would be a pretty good reason why he thought it was a holiday.
Their reasons for wearing those clothes doesn't matter, they were within their rights to do so. |
What a bunch of assholes
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And...so the kids "said" they acted out of patriotism and not to be confrontational. Kids never lie when they are confronted? One news report said the kids taunted Hispanic students before being called to the principals office....of course, the kids denied it. You dont know what happened any more than me. |
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If it's so bad there, I'm glad they called attention to it. The administration needs to explain why a public school in america is so hostile towards the american flag and what they plan to do about it. They also need to learn some conflict resolution skills... |
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Lawyer: the kids were wearing American flag T-shirts. Judge: Yeh, so? Lawyer: It was Cinco de Mayo. Judge: Yeh, so? Lawyer: So the Asst Principal Miguel Rodriguez asked them to turn them inside out. Hew felt it may be offensive to the Hispanic students. Judge: So you think it is inappropriate for students to wear the colors and/or flag of America on their T-shirts IN AMERICA? Lawyer: Uh, Yes sir it was potentially offensive. Judge: Tough shit, This IS America , not Mexico. NEXT! |
I get it....just ignore the dress code....ignore the fact that you know nothing about the kids in question.....ignore the fact that the Asst Principal presumably had a much better understanding of the school environment than any outsider....including the parents, the media and you or me.
And...you can defend your words anyway you want. If you look at my posts, I havent defended him. I said it may or may not have been poor judgment, but in either case, IMO, it certainly wasnt a violation of the students rights. We dont have all the facts! And pre-judging is prejudice. |
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That...in any language is pre-judging or prejudice. Quote:
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Isn't it you who claimed that when one cannot defend their position they.... |
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I stated my position. I dont know enough about the the school, the students and the situation to make an informed decision. I said it may have been poor judgment or not and I said, IMO, it was not a violation of their rights - dress codes are not generally not an infrigement of a student's right of expression. What part of my position dont you understand? But you presumably know more about it than me. |
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Asst Principal Miguel Rodriguez determined wearing a T-shirt with the flag of America on it is in America is inappropriate. That will never ever be ok with me - Ever. What bothers me is that it is ok with you and apparently some others. |
God forbid you 3 ever shut the fuck up with your bickering bullshit thread ruining crap. Fucking assholes.
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