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.
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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.
Readers!
Every February I run a fund-raising drive during my birthday month. This year I celebrate my 72nd birthday, and hope and plan to continue writing and posting on Behind the Black for as long as I am able.
I hope my readers will support this effort. As I did in my November fund-raising drive, I am offering autographed copies of my books for large donations. Donate $250 and you can have a choice of the hardback of either Genesis: the Story of Apollo 8 or Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space. Donate $200 and you can get an autographed paperback copy of either. IMPORTANT! If you donate enough to get a book, please email me separately to tell me which book you want and the address to mail it to.
Please consider supporting my work here at Behind the Black. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID 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. Every one of those 2020 conclusions has turned out right.
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.
You can support me either by giving a one-time contribution or a regular subscription. There are four 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 or subscription:
4. 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.
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