Quote:
Originally Posted by Catlady
In California, a school official has ordered a student to remove an American flag he flies off the back of his bicycle, because some other students have complained about it.
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This is indeed odd, and of great concern.
(putting on paralegal hat)
On the one hand, the Supreme Court has held that the First Amendment right of minors, especially in the setting of a school, are subject to more restriction than are the First Amendment rights of adults. (See, for example,
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)) On the other hand, the test proposed by
Tinker requires that the conduct to be banned must "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school", which the media reports would suggest is a bar the school cannot meet here.
I'd be willing to bet that if this one gets enough media attention and/or the family files a lawsuit, the school will back down on this one.