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Chrishayden
AALBC .com Platinum Poster
Username: Chrishayden
Post Number: 3485
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, January 27, 2007 - 10:53 am: | 
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This is what I woke up to on the news this morning--I wish to say it was atypical, but I live in Missouri.
They had a Negro there (read below) who was holding a Rebel flag and claiming it was part of HIS heritage--
come on out, you racial apologists, and defend this--
http://www.ksdk.com/news/news_article.aspx?storyid=111609
Confederate Flag Touches Off Controversy At Farmington High School
Created: 1/26/2007 9:26:07 PM
Last updated: 1/27/2007 1:14:53 AM
VIDEO
Click to watch Cordell Whitlock's report.
By Cordell Whitlock
(KSDK) - Bryce Archambo's supporters spoke out on his behalf Friday night across the street from Farmington High School.Advertisement
On Sept. 27, Bryce, 14, was sent to the school office because of his attire, the day after he was told not to wear a hat displaying the confederate flag.
"I had a hat shirt and belt buckle. The shirt said, 'Rebel born, rebel bred, I'll be a rebel 'til the day I'm dead,' said Archambo. He was also wearing a hat that said the same thing.
When Archambo refused to change clothes, his parents picked him up and removed him from school.
Archambo and his parents have filed a lawsuit against the school district claiming his constitutional rights were violated.
"I think a person should have the right to wear whatever they want, whatever it is. I'm not going to ask somebody to change a shirt if they have a Malcolm X shirt."
Among those supporting Archambo is H.K. Edgerton, the former president of the Asheville, N.C., branch of the NAACP.
Edgerton says the Confederate flag represents the accomplishments of not only whites, but blacks who lived in the south during the Civil War.
"Not just the ones who went off and fought and built bridges but what about those who stayed at home? What about all those women who went to those gunpowder factories that look like me?" said Edgerton, who is African-American.
What Archambo calls his heritage, others see as a symbol of slavery and segregation.
Tony Caruthers, a senior at Farmington High School, is the child of a Caucasian mother and an African-American father. He has openly protested Archambo's efforts to wear the flag of the Confederacy.
"I'm personally offended because it hurts my family when they see it and I believe it's inappropriate."
Archambo is being home-schooled. Legal proceedings will begin at the end of February.
Archambo said if he wins his case he plans on returning to Farmington High School.
District officials could not be immediately reached for comment Friday night.
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Chrishayden
AALBC .com Platinum Poster
Username: Chrishayden
Post Number: 3486
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, January 27, 2007 - 11:06 am: |
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Look at these proud Missourians--you can't get them to rally for a liveable wage or to stop the war but they'll come out in droves for this
http://www.ksdk.com/
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Ntfs_encryption
"Cyniquian" Level Poster
Username: Ntfs_encryption
Post Number: 1652
Registered: 10-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, January 27, 2007 - 12:09 pm: |
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"...come on out, you racial apologists, and defend this-- "
Ok. I'll defend it. I agree with Edgerton who defended his right to expression but not the history part. Yeah, I don't buy that defending it because it's my heritage also. That's bullshit. But the right to wear something, regardless if I agree with it or not, is the fundamental right of our Constitution, Bill of Rights, Amendment I. But since he is a student, it falls under a different legal category. Personally, I detest the Confederate flag. But it is a symbol that may mean something different to other people. As black man, it represents slavery, racial violence and Jim Crow. But to a white person who lives in Tennessee, Virginia or Alabama, it may reflect their Southern heritage. A heritage they may be fiercely proud of. So, although I personally detest the Confederate flag, others still have a right to display it.
The Supreme Court has already ruled on similar matters. Although burning of the American flag may be extremely inciteful and inflammatory to many people, it is a form of political protest and will be legally allowed. But this entire matter of wearing T-shirts, belt buckles and ball caps with so-called inflammatory symbols can be sticky when students are involved . The schools argument would be the flag would prove to be disruptive to the environment. The school would be hard pressed to provide a compelling reason as to why the students First Amendment rights should be abridged. So, how do school officials and the courts apply free-speech court standards?
Generally speaking, most courts have divided student speech into these three categories:
I. Vulgar, lewd, obscene, and plainly offensive speech (Fraser standard)
II. School-sponsored speech (Hazelwood standard)
III. All other student speech (Tinker standard)
To help clarify how courts review the actions of students desire to wear or display something as controversial as the Confederate flag, there a basically three categories it may fall under. If a student were disciplined for wearing a piece of Confederate flag clothing to school, a reviewing court would likely begin by applying the Tinker "substantial disruption" standard. Why? Because the speech is student initiated (not school sponsored) and is not lewd.
Under Tinker, the court would have to determine whether the school officials could have reasonably forecasted a "substantial disruption" of the school environment, perhaps based on past incidents of racial tension, or if the school officials overreacted out of an "undifferentiated fear or apprehension."
School officials, however, might argue that the expression should be banned based on the more deferential Fraser standard. In one recent case, in fact, a federal appeals court agreed with this logic, reasoning that "the more flexible Fraser standard applies where the speech involved intrudes upon the function of the school to inculcate manners and habits of civility.
Recently, a federal appeals court ruled that students could not be ordered to remove clothing adorned with Confederate flags absent a reasonable fear of disruption based on past experience. Even then, the court indicated that school officials must be willing to apply the ban evenhandedly to other racially divisive symbols, such as a Malcolm X T-shirt.
To use a slightly different example, imagine if a principal decides to change her school's "Johnny Reb" mascot because she has received complaints from members of the community, who believe the symbol to be racially insensitive. Now which standard should apply?
A reviewing court would likely apply the Hazelwood standard because the mascot is a form of school-sponsored speech. In fact, in a decision based on these details, a federal appeals court reasoned that "a school mascot or symbol bears the stamp of approval of the school itself" and concluded that the principal "eliminated the symbol based on legitimate concerns."
Finally, imagine that a group of students published a story about the Confederate flag and how students viewed the symbol in a privately published, underground student newspaper. Which standard would apply here? In this case, the Tinker standard would apply, because the newspaper is student initiated, rather than school sponsored.
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Cynique
"Cyniquian" Level Poster
Username: Cynique
Post Number: 6974
Registered: 01-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, January 27, 2007 - 01:17 pm: |
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I'm sure the ACLU would have no problem with taking this case. It is about an individual exercising his free choice. |
Abm
"Cyniquian" Level Poster
Username: Abm
Post Number: 8128
Registered: 04-2004
Rating: 
Votes: 1 (Vote!) | | Posted on Saturday, January 27, 2007 - 05:36 pm: |
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American schools do all KINDS of shyt to administer and manage education that could be deemed unconstitutional.
Schools can require students wear uniforms, preclude the wearing of racy halter tops and daisy duke shorts, prohibit students from leaving their campuses during school hours and preclude or limit the dissemination of incendiary media.
Schools are allowed this kind of leverage because parents, local governments and communities wisely recognize that children (foks who have YET to learn how to understand and control themselves) learn most effectively in as sober, orderly and amicable environment as possible.
So while I don't know whether one should be thwarted from openly wearing Confederate insignia to school, I do think there is AMPLE supporting pedagogical precedent for such. |
Chrishayden
AALBC .com Platinum Poster
Username: Chrishayden
Post Number: 3490
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, January 29, 2007 - 11:39 am: |
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Yep. It's a school. All they got to do is say take it off--you got to take it off.
Funny how all those who scream about discipline in schools turn all to jelly when its a white boy wearing a confederate flag
But let a Negro wear his pants sagging--
Oh, I forgot. The flag wearer is white and can do whatever he wants |
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