Bob Unruh: “Americans now ‘racist’ for waving American flag” – WND

Posted on :May 06, 2014

By: Bob Unruh:

WND

May 6, 2014

Americans now are being blasted as “racist” for the simple act of waving an  American flag.

It happened Monday in California to a small group of protesters who waved  U.S. flags in front of a school where officials had banned the practice to avoid  violence threatened by Hispanic students celebrating Cinco de Mayo.

The controversy developed in 2010, when school officials ordered students not  to wear U.S. flag-themed shirts on the Mexican holiday. The ban has been upheld  by a federal appeals court.

The controversy brought a small group of protesters out Monday, and the  community reacted immediately.

“What’s wrong with these white people holding up American flags in Morgan  hill??? Racist a–holes,” wrote Gia Lee in a feed monitored by Twitchy.

The report also noted the school superintendent was confirming that students  wearing American flag-themed shirts on Monday “won’t be kicked out.”

“Read that sentence again and then cringe at the fact that had to be said in  the United States,” the Twitchy report said.

The  San Francisco Chronicle reported a group called Gilroy-Morgan Hill Patriots  stood in front of Live Oak High School for about an hour waving American  flags.

The protest followed the decision earlier this year by the 9th Circuit Court  of Appeals that school officials, in a dispute four years ago, were right to  suspend the First Amendment rights of students who wanted to wear U.S.  flag-themed shirts on Cinco de Mayo.

See the full  range of flags available at the WND Superstore, from the Star-Spangled Banner to  the Betsy Ross flag, the Gadsden Flag, Coast Guard, Navy, Marine, Army and Air  Force flags, as well as the Navy Jack and dozens more.

Mexican students allegedly had threatened violence because of the shirts, and  school officials, consequently, suspended the right of other students to wear  Old Glory.

Twitchy caught Davey D blasting the patriots: “Shout out to the racist a–  adults, so-called patriots who are posted up at Live Oak HS in Morgan Hill  protesting Cinco de Mayo #idiots.”

“The Gilroy Morgan Hill Patriots … what a bunch of racist d–k-heads!! I think  they may be part owners of the LA Clippers. #racist,” wrote Jorge P.  Gonzalez.

“Hey folks in Morgan Hill. You have some racist neighbors. You need to check  those tea party a–holes,” said Al_Bondigas.

“F— your American flag. Racist as f—s. I’ll always have pride with my Mexican  flag but not the American one,” wrote Ivan Mora.

KPIX-TV  in San Francisco reported the high school built a chain-link fence to keep  the tea-party group from “disrupting classes.”

“Usually when you put up a fence, it’s a barrier. And, we interpret it as a  barrier to keep out the First Amendment,” Georgine Scott-Codiga, president of  the Gilroy-Morgan Hill Patriots, told the station.

“I don’t believe there’s any need in America to suppress a national symbol of  patriotism and freedom.”

SFGate  reported students built a “unity banner” to express that they felt  united.

“They want to make it a regular day. The students have expressed that they  don’t like the outside attention, and we’re trying to help them with that,”  Steve Betando, Morgan Unified District superintendent, told the news site’s  reporter. “But they wanted to send a message that what the media and the world  has really depicted as a divided school is really not a divided school.”

WND has reported on the  dispute since it developed.

The most recent step was the 9th Circuit’s ruling that called the American  flag a “symbol of racial animus.”

“The court’s rationale behind this ruling was essentially that it’s not safe  to display an American flag in an American public school, for fear of causing  offense and disruption,” said John W. Whitehead, president of the  Rutherford Institute and author of “A  Government of Wolves: The Emerging American Police State.”

“This case signifies so much of what is wrong with America today, where the  populace is indoctrinated into a politically correct mindset, starting in the  schools, while those who exercise their freedoms are punished for it,” he  said.

The full 9th Circuit has been asked to review the case, in an appeal filed by  a number of legal teams, including attorneys with the American  Freedom Law Center and the Thomas More  Law Center.

The case centers on a decision May 5, 2010, by Assistant Principal Miguel  Rodriguez. During a break, Rodriguez told several school students they were not  allowed to wear U.S. flag shirts. He allegedly told them that he had received  complaints from some Hispanic students about the flag apparel, and the students  were not allowed to wear clothing that would offend them.

Later, Principal Nick Boden met with parents and students and affirmed  Rodriguez’s order.

The appeals court “acknowledged that other students were permitted to wear  Mexican flag colors and symbols, [but] it ruled that the school was allowed to  forbid the American flag apparel out of concerns that it would cause disruption,  even though no disruption had occurred,” attorneys argued.

Rutherford said school officials violated long-standing Supreme Court  precedent forbidding suppression of protected expression on the basis of a  “heckler’s veto.”

The attorneys said the school’s actions constituted viewpoint discrimination  against pro-American expression, violating the free speech clause in the First  Amendment and the due process and equal rights clauses in the 14th  Amendment.

A three-judge panel of the court earlier had said: “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 … did not act  unconstitutionally … 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.”

AFLC’s Robert Muise noted: “Not only is the panel decision wrong as a matter  of Supreme Court precedent, the decision affirms a dangerous lesson by rewarding  student[s] [who] resort to disruption rather than reason as the default means of  resolving disputes. The school district’s proper response should be to educate  the audience rather than silence the speaker.”

It was pointed out that only violence from “Mexican” students was feared, not  violence by those wearing the U.S. flag.

David Yerushalmi, also of AFLC, said the panel “reasoned that because the  ‘Mexican’ students were not ‘targeted for violence,’ they were permitted to  express their message.”

“Yet, because school officials perceived that the same ‘Mexican’ students  might react adversely to the pro-America students, the latter group’s speech –  wearing an American flag T-shirt for goodness sakes – should be silenced. This  not only creates perverse incentives for student hecklers; it ultimately turns  the First Amendment on its head,” he said.

The attorneys noted: “The panel went so far as to compare the wearing of  American flag images with the wearing of the Confederate flag – an arguable  symbol of racism – and to liken relations between ‘American’ and ‘Mexican’ youth  in an American school – a distinction not clearly apparent on this record in  that it is unclear whether the students referred to as ‘Mexicans’ were citizens  of Mexico or of the United States – with racial tensions between white and black  students.

“Of course, plaintiffs had a constitutional right to wear shirts bearing the  American flag on their public school campus, even on Cinco de Mayo or any other  holiday and regardless of the expression of ethnic pride asserted by people  aligned with another culture. The obvious and odious premise underlying the  panel’s opinion is that the American flag is a symbol of racial animus – an  inherently flawed premise,” they argued.

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