Its time to “Tinker” with the First Amendment; Again.

The word is out, American Flags, Patriotism and taking a politically incorrect stand is politically incorrect. Those are not the exact words of the 9th Circuit Court of Appeals but its close enough. Recently, the Court decided that it was aappropriate for the School in California to censor the speech of its students through their use of symbolic speech, that being wearing clothing depicting the US Flag on Cinco De Mayo.

We only have to harken back to our parents generation when the counter-culture trouble makers were making things difficult for those that supported the Vietnam War. That’s right, Tinker, or more appropriately “Tinker v. Des Moines Independent Community School District”,  For those of us that have not heard of this, it’s the Arm Band case. In this instance, several students decided to wear black arm bands in support of and in protest to actions involving the Vietnam War. As would be expected by such a heated debate, the school took action to silence the dissenters before trouble could be created and required them to remove or be suspended from school. Needless to say, several were suspended. The case went all the way to the USSC and for a victory for the students. Symbolic speech was vindicated and with it the strengthening of the 1st Amendment.

With that in mind, where did the Cinco-de-mayo case go wrong? Why did the 9th Circuit side with the school? Has it become so politically incorrect to be patriotic that the mere site of the American Flag on one’s person is offensive? It appears so in California.

It is my hope that the En Banc panel in the 9th Circuit pulls its collective heads out of the sand and realizes that it is not and can not be justified that patriotism in the United States is hate speech or worse yet, so politically incorrect that it must be subjugated to the benefit of others. When did we become so altruistic that others come first? I for one will not allow this to stand.

As an attorney, I can understand the position of the school, but I also see that there are less intrusive mechanisms in place to advance the needs to avoid conflict. How about not having a celebration involving an event that is so innocuous that its celebratory history is was created as a way to imbibe in drinks associated with Mexico.

As a Patriot I will not stand to have my country subjugated through politically incorrect actions, for the sake of not offending anyone. As Dice Clay once said, welcome to America now speak english.  Its our Home, our Country, our Rights, if you wish to enjoy them, play by our rules.

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