Freedumb of speech
 

The ACLU does get some things right, I can't figure out why it is OK to wear a Marilyn Manson or Anarchy t-shirt but you can't wear anything with the US flag.



By Greg Moran
UNION-TRIBUNE STAFF WRITER

April 13, 2006

A small American flag, tucked into the back right-hand pocket of her pants.

And for that, the Fallbrook High School sophomore was stopped by a security officer, taken to an assistant principal's office and written up in an incident report that was placed in her student file.


DON KOHLBAUER / Union-Tribune
Malia Fontana, a sophomore at Fallbrook High School, received an incident report in her student file for tucking a small American flag in the pocket of her pants. She says her right to freedom of speech was violated.
Malia, who is an honors student, said she was shocked, then dismayed at what she believes was a violation of her free speech rights on March 31.

She and her mother contacted the American Civil Liberties Union of San Diego & Imperial Counties, and the ACLU dispatched a letter to district officials demanding that they remove the report from Malia's file.

The ACLU also is demanding that the district fashion a policy that conforms to long-standing law allowing students the right to express themselves on campus. If the district does not agree, a federal civil rights suit will be filed on behalf of Malia, said Kevin Keenan, the ACLU executive director in San Diego.

“I didn't think it was right,” Malia, 15, said of the school's actions.

Officials with the school district, which is on spring break this week, did not respond to phone messages and e-mails seeking comment.

Malia said other students also were told to put flags away, including a friend who was told one day before Malia's encounter to put away an American flag bandana.

Seeing that spurred Malia – after talking it over with her mother, Nikki Fontana – to take the small flag to school the next day.

That was the week of emotional student demonstrations across the county over proposed revisions to immigration laws. In Oceanside on March 29 student protesters faced off with police and hurled milk cartons and other objects, prompting officers to respond with pepper spray.

The fracas led to Oceanside officials closing the middle and high schools for two days. Superintendent Ken Noonan then banned students from bringing flags on campus, contending that they were inciting misconduct.

He was roundly criticized because the ban, eventually lifted after tensions eased, prevented displays by students of the American flag, as well as the Mexican flag.

Advertisement
Adblock
The flags had become powerful symbols – used by both sides in the debate – during the demonstrations.

While Oceanside was in turmoil, however, Fallbrook had a small and peaceful demonstration of about 50 students, and Malia said tensions were not running high at the campus.

Nonetheless, she said she was approached by a security guard during the lunch hour and told to put away the flag sticking out of her pocket.

Malia, who wrote a paper in eighth grade advocating a Children's Bill of Rights, asked why. “I said, 'I'm an American citizen. Why can't I wear the American flag?,'” she said.

Her refusal landed her in the office of the assistant principal. Malia eventually agreed to put away the flag and returned to class.

But an incident report, which can lead to more discipline such as Saturday detention or worse, was placed in her file. Malia's mother was told by school officials later that it would remain there until six months after her daughter graduated.

Nikki Fontana said her daughter has had no discipline problems in the past and was simply expressing herself.

“She wasn't raising the flag in anyone's face, causing a disturbance or anything,” Nikki Fontana said. “No one approached her and said they were offended. Her teachers didn't say anything.”

Keenan of the ACLU said the district appears to have no firm policy regarding what students can and can't do to express themselves. He said the law does allow school to restrict student expression, but only in certain circumstances.

“The law is very clear,” he said. “Only if they (school officials) can show that there has been or will be material and substantial disruption of school activities can they censor expression.”

He said that standard allows school officials leeway, while protecting student rights of expression.

Did the school chop down its flagpole? Do they not say the pledge at this school? WTF? Was it a confederate flag?

I'm really trying to understand the school's position here. Someone please make a case on behalf of the school. I'm not trying to argue or anything.

Her butt was not cute? Only cute butts allowed to be associated with flags. It's a new rule.

B

Speaking of that, the other day at the gym I saw a really cute flag tatooed on the small of this girl's back. Actually it was a little lower than that, but really, it was cute. I couldn't stop myself from glancing over once in awhile.

Wouldn't that be a hoot to prosecute? I could just see that judge in AL pursue that one.

B

Mandatory school uniforms should fix this little "problem".

Mit swastikas?.............:D

Flags inciting misconduct??? I'm glad I'm not a lawyer for that school district!

Well yeah... Guys wanting to get their hands on her bunting...

Or maybe too many guys were trying to pledge allegience to her flag. Hadn't thought of that.

flag nonsense
 

during the last presidential election i saw one of the candidates autograph an american flag. the dumbass actually got elected!

Our President did scold him???

I'd really like to hear the arguments of the school district when the ALCU drags their sorry asses into court.........now that would be a spectacle to watch.

This was all done back in the sixties and seventies with the war protests and the flag burnings and such. None of it was of much interest to me then and it still isn't. But from what I recall it seems that wearing flags was prohibited but done anyway up until the bicentennial in '76 and then there were no mentions of prohibitions after that. The flag was everywhere in '76. The bicentennial was a big hit and the scars of the recently ended war in Vietnam had begun to be forgotten.

I can't imagine why we would be reliving a similar scenario today.

This is America... WHO THE HELL WOULD BAN AN AMERICAN FLAG???????:mad: :mad: :mad: :mad: :mad:

Ban the mexican flag, ban the Canadian flag, ban the French flag... Not the American flag.

IMHO, they banned it because the mexicans who wave their flag, will antimidate (or be antimidated by) people with American Flags...

Total bull****
This is America, Dont ban the American flag

~Nate