"A Morgan Hill high school principal reasonably feared violence on campus when he saw a group of students wearing American flags on their shirts on Cinco de Mayo, and he did not violate their freedom of speech by telling them to turn the shirts inside out or go home, a federal judge has ruled.
Citing past clashes between Mexican American and Anglo students over their clothing on the Mexican holiday, Chief U.S. District Judge James Ware of San Francisco said school officials 'reasonably forecast that (the shirts) could cause a substantial disruption' and were entitled to take steps to prevent it"
This is a clear case of prior restraint, which was always improper under English law and is unconstitutional in the USA.
It is condemning or restraining people not for anything they have done but for something someone thinks they MIGHT do. Allowing such restraint would be a very slippery slope. The verdict of the San Francisco judge should clearly be appealed as unconstitutional. Prior restraint of free speech is particularly obnoxious as the 1st Amendment is violated too -- to say nothing about a patriotic display being banned.
I would have thought that in the USA you could display a US flag any time, any place.ReplyDelete
And the problem with expelling or arresting the Mexican students committing the assault or 'disruption' is...?ReplyDelete
Why is prior-restraint of Freedom of Speech always the liberal remedy to shouts of "I might be offended!"