Hostility not Expression
James Peter recently was suspended for refusing to remove a Confederate flag belt buckle to school. The student had refused to remove the belt after the principle told him he needed to remove it because it violated the school policy. The policy was developed a few years back because of racial tension in the district. The student is suing under the first amendment freedom of speech clause with emphasis that the buckle was an expression of his southern heritage and interest in the war and not slavery. According to the fourteenth amendment equal protection clause, case law, and the Turner test for the first amendment the school was well within its rains of authority to ban the flag. Taking a closer look at the two major
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Instead, the shirt had the words "Dixie Classic" referencing back to the students southern pride (D.W.A, 2009, p.). Yet, the court did not accepted that this was grounds to interpret the Confederate flag as free from racial interpretations. As the court upheld, the student does not need to be trying to convey a racial message for such a disruptive message to occur (D.W.A, 2009). In Peter’s case, his intentions to support his Southern Heritage were even less obvious as his buckle only depicted a Confederate flag. Therefore, the school was in the right assuming such a symbol could indeed cause racial tensions to flare. Peter’s personal interaction of his political speech does not need to be taken into consideration. Here case law supports the school’s preemptive measures because the flag could be interpreted in a racial way that can cause a foreseeable issue. Adding to this, the second case, Scott v. School Board (2003), argued in the 11th circuit court that one cannot ban political speech if there is no prior recording of significant issues with this speech. However, it was found that even a single instance of racial problems or significant racial tension is grounds to claim a reasonable forecast of problems. Again, the ruling is relevant to the 7th circuit court because the arguments still bring up valid points that could …show more content…
It is common knowledge that not everyone interprets everything in the same way. Just because a student wants to support their Southern heritage does not mean other students cannot use the same image to bully other students. We would not allow a student to wear a swastika to show their German heritage because it is insensitive the Jewish religion; we should not allow people to wear the Confederate flag simply because it is a Southern heritage. I would be far too likely that others would interpret it by its more familiar connotation with racism and slavers. By allowing such a racially charged symbol as the Confederate flag, schools are upholding the discriminatory aspect of the symbol. The same as any charged symbol it is more likely for people to see and use it for its known negative connotation then the very specific connotation an individual gave
The Supreme Court has just recently rejected a case about the Confederate Flag emblem being on the Mississippi flag, and Carlos Moore, an African-American man, who petitioned the court over his reason of how the flag, where it is located in state buildings, courts, and schools, symbolically expresses support for white supremacists. The justices didn’t exactly give a reasoning for the appeal, but a federal appeals court rejected the lawsuit, because of lack of standing. In the article it says “They said he demonstrated that he feels stigmatized.
Annotated bibliography #3 "The Confederate Flag Needs To Be Raised, Not Lowered." 2015. 23 Aug. 2015 In Chuck Baldwin article about "The Confederate Flag Needs To Be Raised, Not Lowered" (2015), he claims that the flag should stay up because the confederate flag is not is not all about slavery and racism Baldwin supports his claim by importing details about the historic meaning of the flag. His purpose is to give the reader and understanding of witch it true and what is false.
Because the wearing of the black armbands did not interfere or disrupt the school day of the students, the majority ruled that the students should not have been suspended. By punishing these students, the Des Moines Independent Community School District violated the first amendment and fourteen amendment rights of these
As New York Times v. Sullivan began in 1960 and continued through 1964, the South overflowed with racial tensions. Just one month before the Times published “Heed Their Rising Voices” in 1960, a student-sit-in at a Woolworth lunch counter sparked the sit-in movement that spread throughout the Deep South. Not long after that, the Freedom Riders boarded buses across the Southern States in ‘62 and faced violence from the Ku Klux Klan, which only provoked more protests. This situation attracted the attention of both the media and the Court. The “Heed Their Rising Voices” ad boldly summarized: “Again and again the Southern violators have answered Dr. King’s peaceful protests with intimida-tion and violence.”
The case of Tinker v. Des Moines Independent Community School District is an important piece of history regarding the First Amendment to the U.S. Constitution and how it applies to students ' right to freedom of speech. The First Amendment states that "Congress shall make no law...abridging the freedom of speech", and the Supreme Court has the job to judge whether or not the laws violate the Constitutional Amendments. The case was the result of three students suspended from school for wearing armbands protesting the Vietnam War. According the U.S. Supreme Court, students do not shed their rights as American citizens when the students enter the school, leading the students to wear what they desire as long as it does not disrupt class. The
He makes his arguments by mirroring the confederate flag with the Washington Redskins name. Schalter claims that both the Redskins name and The Confederate flag are racist/offensive symbols. He defend this claim by bringing to lights decades of both Native groups protesting the offensive NFL name and the Confederacy’s history of slavery and white supremacy. He also brings up the more important facts such as that the Confederate flag didn’t fly over the South Carolina in 1962, nearly a century after the end of the civil and in the middle of a strong civil rights movement. Schalter also brings up the name George the Confederate flag wouldn’t chisel away and dishonor Confederate ancestors, but instead show African Americans that their government isn’t working/supporting a symbol of white supremacy.
Although the comments or the insinuation may seem harmless to some, it contains a negative connotation that only reinforces stereotypes and discriminates
He famously brandished an ax handle to chase away Black customers from his restaurant in Atlanta in 1964, which he would rather close than integrate. Another rival to the Civil Rights Movement was Georgia’s flag. In 1956, they changed their flag to the Confederate flag to show their unsupport for the Civil Rights Movement. Less than 2 years prior, the Brown v. Board of Education made its decision that the “separate but equal” doctrine was unconstitutional (document 3).
May it please the court, I come here today representing the sovereign people of the great state of Mississippi; a state with a proud though in some ways a tragic history of the ravages of war. The confederate flag was flown during the period of time during the Civil War which lasted for 4 years. People may say that the confederate flag is a symbol of racism because the confederate states were fighting for slavery. That is a reason not to like the confederate flag but the confederate flag only flew over slavery for 4 years the American flag flew for way more. The American flag also flew over way more suffering than the confederate flag.
The controversy issues over the confederate flag has arose quickly in the last couple of years. In this picture there is an African American clinching the Confederate Flag. Over many years the question still remains the same. Does the so called, “Confederate Flag” stand for southern pride? Or, does it stand for segregation and racism as this picture seems portrays?
When a flag is presented in a rival that brings hate and discontent to America it should be removed from being displayed. I strongly am offended of the Confederate flag and my opinion is a lot of others are also offended. The constant reminder of the mistreatment and enslavement of the black race is still being suffered by black people today. The confederate flag brings grief to my heart as my ancestors were subjected to slavery.
Johnson case, more and more people are taking advantage of the outcome. The results of people's actions are not just burning the flag, they are disrespecting the symbol of unity as a whole. For example, a teacher from Massey Hill Classical High School in North Carolina stepped on the flag during a freedom of speech lesson. “His goal, he said, was to teach them about how the country’s free speech protection have evolved over time” (Hawkins). There are other ways to demonstrate to children how protected their freedom of speech is.
In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs
In November of 2008, the United States elected the first African American president, Barack Obama. Although racism is a thing of the past, people today still have different views on African Americans. That being said, when Obama was elected, it caused uproar in some communities, NC state being one of them. As we all know, everyone has their right to freedom of speech says the first amendment; therefore, people began to say inappropriate things in regards to the situation. At NC State University, students wrote racist comments referring to Obama on a walkway in the middle of campus called the “free expression tunnel”, made for students to express ideas using graffiti.
I noticed in the second week of school that my roommate happened to have a confederate flag sticker on his computer. As a potential history major I wondered whether my roommate understood the complexity behind the symbol. When I politely asked about it my roommate responded with “it’s no big deal. I don’t mean any disrespect with it. It’s really not that important--it’s just a sticker.”