A federal appeals court has ruled that schools can ban the American flag in order to prevent violence.
Bad news for free speech: A federal appeals court has ruled that schools can ban the American flag in order to prevent violence.
The court’s ruling: School administrators can force you to remove your American-flag tee if the alternative is a classmate punching you in the face. That’s because, per the Supreme Court, students don’t have the same free speech rights at school that adults do on other public grounds. At school, the name of the game is order and instruction; you’re entitled to free expression to the extent you don’t interfere with those goals, but once you do, the school’s entitled to limit your expression accordingly.
In other words, a bully can get the principal’s office to silence you by promising to beat your ass if they don’t.
This is, as Eugene Volokh notes, a classic “heckler’s veto” in that it rewards a violent actor by suppressing the speech that’s irritated him instead of punishing him for being violent.
So, according to this ruling, the only people who will have free speech will be those willing to threaten, and even use violence. A foolish and mindless ruling, if I ever saw one.
The support of my readers through the years has given me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Four years ago, just before the 2020 election I wrote that Joe Biden's mental health was suspect. Only in this year has the propaganda mainstream media decided to recognize that basic fact.
Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Even today NASA and Congress refuse to recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
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Bad news for free speech: A federal appeals court has ruled that schools can ban the American flag in order to prevent violence.
The court’s ruling: School administrators can force you to remove your American-flag tee if the alternative is a classmate punching you in the face. That’s because, per the Supreme Court, students don’t have the same free speech rights at school that adults do on other public grounds. At school, the name of the game is order and instruction; you’re entitled to free expression to the extent you don’t interfere with those goals, but once you do, the school’s entitled to limit your expression accordingly.
In other words, a bully can get the principal’s office to silence you by promising to beat your ass if they don’t.
This is, as Eugene Volokh notes, a classic “heckler’s veto” in that it rewards a violent actor by suppressing the speech that’s irritated him instead of punishing him for being violent.
So, according to this ruling, the only people who will have free speech will be those willing to threaten, and even use violence. A foolish and mindless ruling, if I ever saw one.
The support of my readers through the years has given me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Four years ago, just before the 2020 election I wrote that Joe Biden's mental health was suspect. Only in this year has the propaganda mainstream media decided to recognize that basic fact.
Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Even today NASA and Congress refuse to recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
Please consider supporting my work here at Behind the Black.
You can support me either by giving a one-time contribution or a regular subscription. There are five ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation:
5. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above. And if you buy the books through the ebookit links, I get a larger cut and I get it sooner.
A great intellect on the bench, not! what exactly are the qualifications to be a judge on the supreme court, sadly common sense does not seem to apply.
Love your site but I think you are wrong when you slam the judicial ruling. It’s the policy of the school that is providing the heckler’s veto. The judges are merely saying the school has the right to an unwise policy.
This government school would ban a red white and blue flag, but I would be willing to bet they wouldn’t object to a red white and blue “O”
So let me see if I understand.
(Apart from threats, bullying, and violence now being acceptable on school grounds) anti-patriotism is acceptable on school grounds, but patriotism isn’t. Who is being unpatriotic, an American citizen or foreign student? If it is an American student, then he has been poorly taught (this also seems acceptable on school grounds). If it is a foreign student, then he is ungrateful for the free education that this great country provides him.
“If you want to make your classmate shut up, you need to credibly threaten violence. That’s how ‘free speech’ works in the nation’s schools.”
Expanded freedom for the thugs, reduced freedom for the victims. As I recall, that is how the Nazi party gained power, by physically beating up any opposition until it quit the electoral race. It was an effective method of “shut-uppery.” Learn from history, America, or we are doomed to relive it.
The “adults” in this nation seem to be truly stupid. How did we ever make this nation great?
We’ll agree to disagree on this one, RZ. Important to know the intent of those wearing the flag. My opinion was the intent was to denigrate the students of Mexican descent. If whites of Irish or Italian descent can have days to celebrate their heritage and can conduct parades on those days, why can not those of Mexican ancestry?
I despise censorship, but I despise racism even more.
Bob Clark