Mother's Day in Law

36 U.S. Code § 117
(a)Designation.—
The second Sunday in May is Mother’s Day.
(b)Proclamation.—
The President is requested to issue a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings, and on the people of the United States to display the flag at their homes or other suitable places, on Mother’s Day as a public expression of love and reverence for the mothers of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1258.)

Flag Day and Flag Week:

 President Biden:

In the midst of a revolution, less than a year after declaring our independence, the Congress consecrated what would become an enduring emblem of American unity by adopting a national flag on June 14, 1777.

In the 244 years since, the United States has grown and changed across the generations — and our flag has changed in turn. The blue field of stars has been enlarged as our Union has gained in size and strength. The 13 stripes, symbolizing the 13 original States, have held as constant as the bedrock values upon which our Nation was first conceived — the very same values we still cherish, and still reach for, today.

Since adoption of the Stars and Stripes, Americans — and people around the world — have continuously looked to our flag as a symbol of unity and liberty. Our flag has sailed around the globe, and journeyed to the Moon and, now, to Mars. It has flown on fields of battle, and marks the resting places of those who have given what President Lincoln called “the last full measure of devotion” for our country. Its prominence at civic landmarks and seats of public authority communicates the promise of democracy — that under this flag, the rule of law is supreme and the people reign. As we continue the sacred work of building a more perfect Union together, let our flag serve as a reminder to us, and to the world, that America stands for and strives for the promise of freedom, justice, and equality for all.

To commemorate the adoption of our flag, the Congress, by joint resolution approved August 3, 1949, as amended (63 Stat. 492), designated June 14 of each year as “Flag Day” and requested that the President issue an annual proclamation calling for its observance and for the display of the flag of the United States on all Federal Government buildings. The Congress also requested, by joint resolution approved June 9, 1966, as amended (80 Stat. 194), that the President issue annually a proclamation designating the week in which June 14 occurs as “National Flag Week” and calling upon all citizens of the United States to display the flag during that week.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim June 14, 2021, as Flag Day, and the week starting June 13, 2021, as National Flag Week. I direct the appropriate officials to display the flag on all Federal Government buildings during this week, and I urge all Americans to observe Flag Day and National Flag Week by displaying the flag. I encourage the people of the United States to observe with pride and all due ceremony those days from Flag Day through Independence Day, set aside by the Congress (89 Stat. 211), as a time to honor the American spirit, to celebrate our history and the foundational values we strive to uphold, and to publicly recite the Pledge of Allegiance to the Flag of the United States of America.

IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

Our Flag Was Still There

The national anthem has seldom resonated as much as it did when Lady Gaga emphasized the words “our flag was still there” and pointed to the flag on the capitol which had been attacked just a fortnight earlier.

It was all balm for America’s wounded soul. https://t.co/cEORjnt81p

— Max Boot (@MaxBoot) January 20, 2021

Here's Lady Gaga's stunning National Anthem in full.#InaugurationDay pic.twitter.com/kox1wGXlK4

— The Recount (@therecount) January 20, 2021

What Makes a Good Citizen?

John Gramlich at Pew:

In a Pew Research Center survey in early 2018, around three-quarters of Americans (74%) said voting in elections was very important to what it means to be a good citizen, and around seven-in-ten said the same about paying taxes (71%) and always following the law (69%). But Democrats and Republicans – as well as younger and older adults – didn’t see eye to eye on all the traits and behaviors associated with good citizenship.

In addition to voting, paying taxes and following the law, a majority of Americans said several other traits were very important to good citizenship, including serving on a jury if called (61%); respecting the opinions of others who disagree (61%); and participating in the U.S. census every decade (60%). (The survey was conducted before the Commerce Department announced it would add a question about citizenship to the 2020 census – a decision blocked by the Supreme Court last week.)

Smaller shares said it was very important to good citizenship for Americans to volunteer to help others (52%), know the Pledge of Allegiance (50%), follow what happens in government and politics (49%) and protest when government actions are believed to be wrong (45%).

And although there will be plenty of them out on July Fourth, displaying the American flag ranked at the bottom of the list: A little over a third of U.S. adults (36%) viewed this as very important to good citizenship, though an additional 26% said it was somewhat important.

Flag of Treason

At The Washington Post, Frances Stead Sellers writes of the Confederate battle flag -- the familiar stars and bars.

Historians wrestle with how a flag that stood for treason can be seen as patriotic. In the more than 150 years since it was adopted by the Confederacy, the battle flag has been redefined numerous times by the people who display it — at times worn as a symbol of youthful rebellion and at others wielded as a show of racial hatred.

The effort to pair it with displays of patriotism is met with resistance from those who note that Dixiecrats brandished the Confederate battle flag in opposition to the civil rights movement, and that neo-Nazis paraded it through Charlottesville last year.
“The flag can mean anything you want it to mean,” said Jarret Ruminski, author of “The Limits of Loyalty: Ordinary People in Civil War Mississippi” — often a poke in the eye of political correctness.

“But the history of the flag is very clear and unambiguously connected to white supremacy. That history is undeniable, whether people want to acknowledge it or not.”

...

The cognitive dissonance created by using Confederate symbols as patriotic emblems is familiar to John Coski, author of “The Confederate Battle Flag: America’s Most Embattled Emblem.” He has documented a “dual loyalty” among some Southerners who believe the “Confederacy had a positive effect — making the nation stronger” and thus view its flag in a benign light.

The language and logic of the Lost Cause, which sought to sanitize Southern culture after the Civil War and emphasize the hardships faced by whites, has returned, according to W. Fitzhugh Brundage, a historian at the University of North Carolina at Chapel Hill.

“Most of it can be cut and pasted to the 21st century,” Brundage said, noting that Southern soldiers saw themselves as victims whose Protestant values were under attack in a way that is often echoed by evangelicals today.

Trump, Flag-Burning and Citizenship

Charlie Savage reports at The New York Times:

Since the terrorist attacks of Sept. 11, 2001, politicians have periodically announced with fanfare that they would introduce a bill to strip the citizenship of Americans accused of terrorism. The idea tends to attract brief attention, but then fades away, in part because the Supreme Court long ago ruled that the Constitution does not permit the government to take a person’s citizenship against his or her will.

But on Tuesday, President-elect Donald J. Trump revived the idea and took it much further than the extreme case of a suspected terrorist. He proposed that Americans who protest government policies by burning the flag could lose their citizenship — meaning, among other things, their right to vote in future elections — as punishment.

Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!

— Donald J. Trump (@realDonaldTrump) November 29, 2016

...The obstacles include the precedent that the Constitution does not allow the government to expatriate Americans against their will, through a landmark 1967 case, Afroyim v. Rusk. They also include a 1989 decision, Texas v. Johnson, in which the court struck down criminal laws banning flag burning, ruling that the act was a form of political expression protected by the First Amendment.
...
The 1967 case involving the stripping of citizenship traces back to a 1940 law that automatically revoked the citizenship of Americans who took actions like voting in a foreign country’s election or joining its military.

The case centered on a man who had been born in Poland, became a naturalized American citizen, and later went to Israel and voted in an election there. When he subsequently tried to renew his American passport, the State Department refused, saying he was no longer an American citizen, and he sued.

In a 5-to-4 ruling, the Supreme Court called citizenship and the rights that stem from it “no light trifle to be jeopardized any moment” by politicians’ attempts to curtail it. The court said that the 14th Amendment, which guarantees due process of law, does not empower the government to “rob” someone’s citizenship. Americans, the ruling explained, can only lose their citizenship by voluntarily renouncing it.

“The very nature of our free government makes it completely incongruous to have a rule of law under which a group of citizens temporarily in office can deprive another group of citizens of their citizenship,” Justice Hugo L. Black wrote.

Flag Day 2015

On Friday, President Obama issued this proclamation

For more than 200 years, the American flag has been a proud symbol of the people of our Nation and the values for which we stand. In hues of red, white, and blue, it reflects centuries of struggle and sacrifice -- a constant reminder of our journey from 13 colonies to a Nation united in freedom and liberty, and of the patriots and pioneers who fought for these ideals at home and abroad. On Flag Day and during National Flag Week, we pay tribute to this banner of hope and opportunity, and we celebrate the story of progress it represents.

With broad stripes and bright stars, our flag has connected Americans across our country, around the globe, and throughout the chapters of our history. In a new world, it stood as a beacon of promise and possibility; in the dawn's early light, it offered a glimmer of hope as the fate of our young Nation was decided; and after a civil war that divided our Union, the Star Spangled Banner once again united our people. As courageous women and men marched and protested to broaden our democracy's reach and secure their civil rights, they carried the American flag, understanding the enormous potential it embodied -- even as the Nation it represented denied them their fundamental rights. Today, it is because of an unbroken chain of heroes, who have served in our Armed Forces and worn the flag they defend, that Old Glory still waves over the land of the free and the home of the brave.

From storefronts and homes, atop monuments, and over the institutions that sustain our Nation at home and abroad, the American flag stands watch as we strive to perfect our Union. As we place our hand over our heart or as we salute this symbol of the country we love, let us pause to reflect on the legacy of our Nation and embrace the common threads that bind us together as Americans.

To commemorate the adoption of our flag, the Congress, by joint resolution approved August 3, 1949, as amended (63 Stat. 492), designated June 14 of each year as "Flag Day" and requested that the President issue an annual proclamation calling for its observance and for the display of the flag of the United States on all Federal Government buildings. The Congress also requested, by joint resolution approved June 9, 1966, as amended (80 Stat. 194), that the President annually issue a proclamation designating the week in which June 14 occurs as "National Flag Week" and call upon citizens of the United States to display the flag during that week.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim June 14, 2015, as Flag Day and the week beginning June 14, 2015, as National Flag Week. I direct the appropriate officials to display the flag on all Federal Government buildings during that week, and I urge all Americans to observe Flag Day and National Flag Week by displaying the flag. I also call upon the people of the United States to observe with pride and all due ceremony those days from Flag Day through Independence Day, also set aside by the Congress (89 Stat. 211), as a time to honor America, to celebrate our heritage in public gatherings and activities, and to publicly recite the Pledge of Allegiance to the Flag of the United States of America.

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of June, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and thirty-ninth.

The Flag at UCI

The Los Angeles Times reports:

In a push for what has been described as cultural inclusion, the student government at UC Irvine has voted to ban the display of all flags -- including the American flag -- in an area of the campus.

A resolution adopted Thursday by the legislative council of the campus' Associated Students calls for removing all flags from the common lobby area of student government offices.

Written by student Matthew Guevara of the School of Social Ecology, the resolution states: "The American flag has been flown in instances of colonialism and imperialism" and notes that flags "construct paradigms of conformity and sets homogenized standards."

The resolution goes on to say that "freedom of speech, in a space that aims to be as inclusive as possible, can be interpreted as hate speech." [emphasis added]

The resolution passed on a 6-4 vote by the student legislative council, with two abstentions.

The resolution "is not endorsed or supported in any way by the campus leadership," according to a statement on UCI's website written by Associated Students President Reza Zomorrodian.

The measure is likely to be short-lived, however.

The student government's five-person executive cabinet is expected to meet Saturday to vote on a motion to veto the resolution, the statement said.

The Times follows up:

A five-member executive cabinet overseeing UC Irvine's student government on Saturday vetoed a decision to ban the display of all flags, including the American flag.

“We fundamentally disagree with the actions taken by ASUCI Legislative Council and their passage of [the ban] as counter to the ideals that allow us to operate as an autonomous student government organization with the freedoms of speech and expression associated with it,” the cabinet said in a prepared statement.

A five-member executive cabinet overseeing UC Irvine's student government on Saturday vetoed a decision to ban the display of all flags, including the American flag.

“It is these very symbols that represent our constitutional rights… and our ability to openly debate all ranges of issues and pay tribute to how those liberties were attained.”

The Fourth of July

From the US Census:

On this day in 1776, the Continental Congress approved the Declaration of Independence, setting the 13 colonies on the road to freedom as a sovereign nation. As always, this most American of holidays will be marked with red, white and blue flags, fireworks, parades and backyard barbecues across the country.

2.5 million: In July 1776, the estimated number of people living in the newly independent nation.
Source: Historical Statistics of the United States: Colonial Times to 1970 

318.4 million: The nation's estimated population on this July Fourth.
Source: U.S. and World Population Clock 

...

 U.S. Flags

• $4.0 million: In 2013, the dollar value of U.S. imports of American flags. The vast majority of this amount ($3.9 million) was for U.S. flags made in China.
• $781,222: Dollar value of U.S. flags exported in 2013. The Dominican Republic was the leading customer, purchasing $160,000 worth.

This Land Is Your Land

• Fifty-nine places contain the word "liberty" in the name. Pennsylvania, with 11, has more of these places than any other state. Of the 59 places, four are counties: Liberty County, Ga. (64,135), Liberty County, Fla. (8,349), Liberty County, Mont. (2,369) and Liberty County, Texas (76,907).
• One place has "patriot" in its name: Patriot, Ind., has an estimated population of 205.
• The most common patriotic-sounding word used within place names is "union" with 136. Pennsylvania, with 33, has more of these places than any other state. Other such words most commonly used in place names are Washington (127), Franklin (118) and Lincoln (95).

The Public Rates the Honesty of Professions

Previous posts have looked at the public standing of various professions and occupations. Gallup reports:

As Congress remains involved in protracted negotiations over the pending "fiscal cliff" that could disrupt the nation's economy if not addressed by Jan. 1, one in 10 Americans rate the honesty and ethical standards of its members as very high or high. This puts the lawmaking body second lowest on a list of 22 professions measured -- higher only than car salespeople.

These results are from Gallup's Nov. 26-29 update of the perceived honesty and ethical standards of professions. Survey respondents rated each profession on a five-point honesty and ethical scale ranging from "very high" to "very low."

Americans' views of the 22 professions tested vary widely -- extending from the 85% who rate nurses' ethics and honesty as very high or high to a low of 8% rating car salespeople the same.
...

These ratings technically measure Americans' perceptions of the honesty and ethical standards of various professions, but most likely stand for an overall, broad assessment of the image of each profession tested. As such, the results continue to be bad news for politicians, who remain in the bottom half of the list, particularly including members of Congress -- who this year are better than only car salespeople.

These ratings are in line with other indications showing the low esteem in which politicians are held, including a generally negative image of the "federal government," and continuing low congressional job approval ratings.

89,004 Local Governments

Our chapter on federalism notes the large number of governments in the United States. The Census Bureau reports:

The U.S. Census Bureau today released preliminary counts of local governments as the first component of the 2012 Census of Governments.

In 2012, 89,004 local governments existed in the United States, down from 89,476 in the last census of governments conducted in 2007. Local governments included 3,031 counties (down from 3,033 in 2007), 19,522 municipalities (up from 19,492 in 2007), 16,364 townships (down from 16,519 in 2007), 37,203 special districts (down from 37,381 in 2007) and 12,884 independent school districts (down from 13,051 in 2007).

...

Among the key findings in the 2012 Census of Governments preliminary counts:

• Illinois leads the nation with 6,968 local governments -- approximately 2,000 more
• Hawaii has 21 local governments, the fewest of any state.
• Texas remains first in the nation with the most independent school districts at 1,079. Closely behind is California, with 1,025 independent school districts.
• Seventeen states had more special districts compared with 2007, and 29 had fewer. Five states (including the District of Columbia) had no change.
• Ten states had fewer townships because of mergers and consolidations. Kansas decreased the most, moving from 1,353 in 2007 to 1,268 in 2012, a decrease of 85.

Flag Day 2012

From the Census Bureau:

This is Flag Day -- marking the date in 1777 when John Adams proposed the stars and stripes as the official flag of the United States. One of many ceremonies will be held at Fort McHenry in Baltimore. It was the sight of the flag still flying there after an overnight battle with the British in the War of 1812 that inspired Francis Scott Key to write a poem, which became the words of the national anthem. Flag Day events often center around reciting the Pledge of Allegiance, written by Francis Bellamy and first recited in public in 1892 by schoolchildren at a Columbus Day ceremony. Making flags, banners, and pennants is a nearly $5 billion annual business in the U.S.

The Boston Globe reports:

A Middlesex Superior Court judge has rejected a lawsuit by an atheist couple and their children who sued the Acton-Boxborough Regional School District and the Acton schools challenging the use of the words “under God” in the Pledge of Allegiance.

Judge S. Jane Haggerty, in a ruling released Friday, said the daily recitation of the pledge with those words did not violate the plaintiffs’ rights under the Massachusetts Constitution, did not violate the school district’s antidiscrimination policy, and did not violate state law.

The plaintiffs, while acknowledging that the children had the right to refuse to participate in the pledge, asserted that the phrase “under God” was a “religious truth” that contradicted their beliefs, Haggerty said.

The defendants argued that the pledge, rather than a religious document or ceremony, is a patriotic exercise and statement of political philosophy, according to the ruling.

The judge observed that the case presents a “familiar dilemma in our pluralistic society — how to balance conflicting interests when one group wants to do something for patriotic reasons that another group finds offensive to its religious (or atheistic) beliefs.”

The judge ruled in her 24-page opinion that the phrase “under God” was not a religious truth.
Citing previous opinions, she said that the daily flag salute and pledge in schools are “clearly designed to inculcate patriotism and to instill a recognition of the blessings conferred by orderly government under the constitutions of the state and nation.”

“The Pledge is a voluntary patriotic exercise, and the inclusion of the phrase ‘under God’ does not convert the exercise into a prayer,” she wrote.

The Armed Forces Press Service reports:

Ten Navy ships, including USS Fort McHenry, are commemorating Flag Day today at the site of the historic War of 1812 battle 200 years ago that inspired the National Anthem.
...
The War of 1812 centered on maritime disputes between the United States and Great Britain...[W]ith naval battles in North America, off South America and Great Britain, and in the Pacific and Indian oceans, the War of 1812 was predominantly a sea campaign. It served as a defining moment for the fledging U.S. Navy, which fought the British as they tried to blockade the Atlantic coast and support land forces from Lake Erie and Lake Champlain, leading to the birth of America’s modern sea services.

“The War of 1812 is significant because it paved the way for future development of the U.S. Navy,” said U.S. Naval War College Professor Kevin McCranie, author of the soon-to-be-released book, “Utmost Gallantry: The U.S. and Royal Navies at Sea in the War of 1812.”

"Challenging the most dominant naval power of the time, the less powerful U.S. Navy found ways to protract the war and incurred significant costs for Great Britain,” he said. “That’s why the War of 1812 is important for national leaders to study.”

Lopez Lomong, the Flag Bearer

Our chapter on citizenship has a photo essay on Lopez Lomong (born Lopepe Lomong)  South Sudanese refugee who became a champion runner and an American citizen. At The Los Angeles Times, Helene Elliott offers an update:

Millions of people watched runner Lopez Lomong carry the American flag and lead the United States delegation into the opening ceremony at the 2008 Beijing Olympics, marveling at the Sudanese refugee who survived unspeakable horrors before an American foster family took him in and gave him a new life.

Few people will see him repeat his flag-bearer role Friday in a different setting, but the occasion will be just as meaningful.

Lomong will be the standard bearer for Northern Arizona University's school of business at graduation ceremonies in Flagstaff, an honor bestowed by faculty members. After leaving school in 2007 to train for the Olympics, where he finished 12th in his semifinal in the 1,500 meters, he returned this semester to complete his degree in hotel and restaurant management. Again, he was chosen to lead his peers.

"It's an incredible thing," said Lomong, 26. "You can be in a refugee camp and not have anything, but you matter because this is a country that will give you an opportunity to accomplish whatever you want to accomplish in your life."

 At USA Today, Mike Lopresti writes:

He has brought two brothers to America and settled them in school in Virginia. He has started a foundation to help promote unity in South Sudan. He has spoken to whatever school his sponsor, Nike, would send him to, spreading the word to American students on what a good deal they have.

"I want to tell the kids that in this country you can go to sleep and you know you're going to wake up happy." Or at least not kidnapped by rebels.

And he has dreamed of London, particularly the medal he missed in 2008. "The goal is to run straight, then left turn as fast as anybody else, and win the gold medal for this great country.

"But first, graduation, and he's telling everybody it can be seen online. "There'll be lots of tears of joy," said the man who was once lost and has since been found. "I did it. I did it."

Putting Up the Flag

Actor-writer Curt Cloninger talks about displaying the American flag:

Flag Day

Our chapter on civic culture discusses patriotic symbols and rituals, so it appropriate to note that today is Flag Day. An article in The Anniston Star (Alabama) reminds us that Americans have a unique relationship to their flag:

“We can incorporate our flag into our clothing, bring it onstage during a rock concert. The First Amendment actually gives us the freedom to burn it,” said John Ketterer, director of the International House student exchange program at Jacksonville State University. “In Mexico, that would get you 10 years in prison.”

Ketterer spent six years in Mexico serving as the director of the American School in Torreon where, he said, the flagpole in front of the schoolhouse stood bare.

“In Mexico, the flag is protected by law,” he explained. “It is not for people’s frivolous use. Disrespect is strongly sanctioned.”

One of Ketterer's students learned this lesson after making the mistake of incorporating the Mexican flag into his school talent show performance. Ketterer said a military officer saw the performance and brought charges against the school-age child, which Ketterer had to plead with the officer to drop.

In Europe, national symbols are not as regulated, but Ketterer said the culture is not one of patriotic flag flying. He said European countries' flags are seen on state buildings but rarely on personal property.

"But you do see them at soccer games," he added as proof that restrictions are not as tight.

Paul McCartney, professor of political science at Towson University in Maryland and a leading expert on American nationalism, said in an emailed response that flags serve as a symbol for the creed of a nation.

“The United States and its flag stand for values, like individual liberty, that can have meaning for anyone, anywhere,” he said. "In a way that other nations and national symbols cannot."

According to McCartney, the distinction is that America's nationalism is not based on language, race or religion.

“If one wanted to become an American and was willing to uphold the principles at the heart of our founding documents, then one could become an American,” McCartney said. “That’s the message of the Statue of Liberty.”

On June 10, the president issued a proclamation providing background on the day:

On June 14, 1777, the Second Constitutional Congress adopted a flag with thirteen stripes and thirteen stars to represent our Nation, one star for each of our founding colonies. The stars were set upon a blue field, in the words of the Congress's resolution, "representing a new constellation" in the night sky. What was then a fledgling democracy has flourished and expanded, as we constantly strive toward a more perfect Union.

Through the successes and struggles we have faced, the American flag has been ever present. It has flown on our ships and military bases around the world as we continue to defend liberty and democracy abroad. It has been raised in yards and on porches across America on days of celebration, and as a sign of our shared heritage. And it is lowered on days of remembrance to honor fallen service members and public servants; or when tragedy strikes and we join together in mourning. Our flag is the mark of one country, one people, uniting under one banner.

When the American flag soars, so too does our Nation and the ideals it stands for. We remain committed to defending the liberties and freedoms it represents, and we give special thanks to the members of the Armed Forces who wear our flag proudly. On Flag Day, and during National Flag Week, we celebrate the powerful beacon of hope that our flag has become for us all, and for people around the world.

To commemorate the adoption of our flag, the Congress, by joint resolution approved August 3, 1949, as amended (63 Stat. 492), designated June 14 of each year as "Flag Day" and requested that the President issue an annual proclamation calling for its observance and for the display of the flag of the United States on all Federal Government buildings. The Congress also requested, by joint resolution approved June 9, 1966, as amended (80 Stat. 194), that the President annually issue a proclamation designating the week in which June 14 occurs as "National Flag Week" and call upon citizens of the United States to display the flag during that week.

The Flag at School

An earlier post dealt with students who wore American flag clothing on Cinco de Mayo. KSBW in Monterey, California, reports on a similar case:

A Stanislaus County school is forcing a student to take an American flag off of his bike.

Thirteen-year-old Cody Alicea put the flag there as a show of support for the veterans in his family.

But officials at Denair Middle School told him he couldn't fly it. He said he was told some students had complained.

So now the eighth-grader folds up the flag and puts it in his backpack while he is in class.

His father, Robert Kisner, said his son should not have to put the flag away.

"He's got that flag on his bike because he's proud of where he comes from," Kisner said.

But the superintendent said he's trying to avoid tension on campus.

"(The) First Amendment is important," Superintendent Edward Parraz said. "We want the kids to respect it, understand it, and with that comes a responsiblity."

The First Amendment Center comments:

Under the 1969 U.S. Supreme Court ruling Tinker v. Des Moines Independent Community School District, school officials can prohibit student expression if they can reasonably forecast that the speech or display will cause a substantial disruption.

But something is wrong with this Denair picture. The school administration apparently reasoned that because of some racial tension in the past stemming from Mexican flags displayed at school on Cinco de Mayo, it could ban the American flag. Yet other parts of the Tinker ruling should give officials pause before they engage in heavy-handed censorship. The Court proclaimed in Tinker: “But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.”

Schools facing tensions over cultural differences can teach all students that disruptions over displays such as flags on bikes or backpacks will not be tolerated - rather than banning the expression.

Parraz was even quoted as saying that the "First Amendment is important," even as school officials proceed to ban Alicea's flag.

Let's hope this and other schools will show justifiable reasons before silencing student speech on the basis of "undifferentiated fear.”

The Flag in School

Our chapter on civic culture discusses the powerful symbolism of the American flag. In a California high school, several students had to go home because they were wearing flag clothing on Cinco de Mayo:

In our chapter on civil liberties, we discuss Tinker v. Des Moines School District 393 U.S. 503 (1969). In this case, students faced suspension for wearing black armbands in protest against the Vietnam War. By 7-2, the Supreme Court held:

1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive, and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. Pp. 393 U. S. 505-506.

2. First Amendment rights are available to teachers and students, subject to application in light of the special characteristics of the school environment. Pp. 393 U. S. 506-507.

3. A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments.