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San Diego school prohibits student from wearing flag

When Malia Fontana's friend was told that he could not wear an American flag headband at school, she protested by wearing an American flag in her back pocket. Malia was then told to remove her flag, and when she asked the security guard why she had to remove it, she was taken to the principal's office. Though not required to do detention, Malia had an incident report written that will remain in her records until six months after her graduation from Fallbrook Union High School in San Diego.

In 1969, the landmark U.S. Supreme Court case, Tinker v. Des Moines School District, established the right of students to wear black armbands in protest of the Vietnam war. Justice Abe Fortas, writing for the majority, said:

In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are "persons" under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State.

The Tinker decision applies to the situation at Fallbrook Union, and the ACLU has sent a letter to the San Diego County school district comply with the law, apologize to Malia and her mother, and clear Malia's school record.

Posted by Diane E. Dees on 04/21/06 at 2:56 PM | E-mail | Print



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This is disturbing. It shouldn't matter if a student is in highschool or college, they should be able to express themselves -- unless there is some sort of dress code where all student must were exactly the same thing.

Posted by: Van on 04/21/06 at 6:46 PM

When I see someone wearing the flag I think that its some sort of sign that the person wearing the flag is a supporter of the president and the war, I don't think I'm alone here. The republicans have hijacked the flag, it needs to be taken away from them, they don't know what it truly means.

All that being said, its ridiculous to not let a student wear a flag anyway they want, upsidedown or righsideup. I just wonder how far schools can reasonably let students take political statements like that, would they also be forced to let students wear red armbands in the vain of the Nazi's? I'm NOT comparing the USA and Nazi's, just a matter of letting students express their political views, ridiculous as we see them or not.

Posted by: chris on 04/21/06 at 7:54 PM

I'm just really glad the ACLU is jumping all over this. Get there before O'Hannity and company do.

Posted by: Dave on 04/21/06 at 10:34 PM

The U.S. Supreme Court once "remarked" that there must be a balance between liberty and the demands of organized society..., however, with incidents like the one with the two students, and with the visit of Pres. Hu Jintao, we're reminded of how much the U.S. and China have in common...
Introduced in China in '92, with its roots in ancient Chinese culture, Falun Gong is a self-improvement practice that draws upon peaceful Buddist and Taoist spiritual principles; based on adherence to principles of Truthfulness, Compassion and Forbearance, with an estimated 100 million persons practicing Falun Gong in over 50 countries, it is currently OUTLAWED in China.
On its first introduction in China, Falun Gong was well received, however over the next few years the spectacular growth of the "meditation system" as evidenced visibly by the number of practitioners exercising in public parks became a matter of concern to the ruling Communist Party. In China, public activity, be it peaceful or protesting, is only permitted where it is under direct control of the gov. As objectively demonstrated in Tiananmen Square in '89, the absence of gov. control of any protest, no matter how peaceful, will result in military repression.
Plainly George W. would benefit from learning the Chinese Way..., to hell with sticking it to a naysayer by blowing his wife's secret cover, in order to destroy the "movement," the Chinese gov. issued a nationwide ban on Falun Gong literature, and in '97 began using the Ministry of Public Security in a campaign to disseminate negative characterizations of Falun Gong in an effort to undermine its positive image, not only in China but also in the West.
In an answer to one of the more than 300 letters sent to U.S. gov. officials defaming the Falun Gong as a cult, Mayor Randy Voepel of Santee, CA, objected, "Your letter personally chilled me to my bones. I was shocked that a Communist Nation would go to this amount of trouble to supress what is rountinely accepted in this country."
And so..., who isn't chilled and shocked to find out that an American student wasn't allowed to "brandish" the American flag...
You know, the entire episode is so stupid, maybe the ACLU set it up to get some good press... Who's afraid of the big, bad wolf, not the ACLU--so how is it we have a two term president who never was actually elected, while, so it would seem, I'm the only one who knows the law...
In this corner we have the Gov. insisting that the explicit statutory command in the Organized Crime Control Act of 1970 (designed to prevent gov. corruption)don't mean a damn thing, while in the other corner we have the well-funded ACLU, but this contender doesn't seem to have any "punch" left..., what!!!!!!??????

Posted by: Michael L. Wagner on 04/22/06 at 2:34 PM

I hope you'll continue to watch this situation unfold. Last Friday the school distributed their response letter that didn't acknowledge any of Malia's requests. How can they say that she wasn't disciplined? An incident report in her file IS a form of discipline. Not to mention, the letter (from the district's attorney, not even from the superintendent) states that there was a ban on flags--totally contradicting the superintendent who continuously said there wasn't a ban. The school/district is pissed that they got played by a bright 15-year-old young woman who was courageous enough to ask "why." Sorry Michael, this "episode" isn't stupid and the ACLU didn't set it up.

Posted by: Joy on 04/24/06 at 8:31 AM

There is another factor, too: There was no disruption of any type caused by either student's wearing of the flag. I mention this because Tinker vs. Des Moines School District does allow for restrictions in the case of disruptive behavior.

Posted by: Diane on 04/24/06 at 9:25 AM

I love the fact that SHE stood up for HER rights, but her friend (a boy) quietly complied when the security guard asked him to remove his flag-style headband. WOMEN CONTINUALLY HAVE TO FIGHT FOR OUR RIGHTS. If we don't, who will?

Oh, and Michael, Michael, Michael . . . the ACLU is involved because the school district would otherwise still be violating the students' 1st amendment rights. Please, get a clue. Also, if you are going to post comments, please do so intelligently and save your blather for your like-minded ilk.

Posted by: Mom on 04/24/06 at 10:18 AM

Ha, ha--what?, never eat at a place called Mom's, and never trust a lawyer? (or doctor?) Mom, you don't by chance work for the ACLU? How much do you make sitting on your a__, writing the occasional letter, while turning a blind eye to the fact that our most fundamental civil liberties are nonexistant (insofar as we do have a two term president who wasn't actually elected).

Posted by: Michael L. Wagner on 04/26/06 at 9:54 AM

Well Michael, these "nonexistent" civil liberties you speak of are what allows you to spew such nonsense. (nonexistent with an e; while you're sitting on your a__ maybe you should use spell check) If your paranoia leads you to not "eat at Mom's" or not trust a lawyer or doctor, then those are issues you have to deal with. Just don't try to impose your paranois on others like Malia who thankfully, are willing to challenge the system and put up with hypocrites like you.

Posted by: jen on 04/27/06 at 8:16 AM

So..., Jen, you're saying that the heckler arrested for mouthing off at the reception for the Chinese does have civil liberties... How come a person can speak up anywhere but there... And the US Attorney wanted to add further charges to disturbing the peace...
And, the fact that my vote didn't "count" doesn't mean s__t, according to the ACLU...???
How can you criticise anyone's paranoia about the Gov. after reading the "post" about missing Iraqi women. Do you honestly believe that I'm not risking my life by speaking up against the gov.?
Ah, such innocence...., it's very refreshing. Yeah, either you're very, very naive...

Posted by: Michael L. Wagner on 04/27/06 at 10:52 AM

Oh Michael, if you're so pissed about living in this country maybe you'll be more comfortable voicing your opinions in, say... Cuba? And you feel you're risking your life by speaking up against the gov't? Puhleeze. Millions of people do it everyday, and in much more extreme ways than you. You should be applauding Malia for speaking up for herself and challenging the school system that is so flawed, they can't even decide whether or not there was a ban on flags! "No, there wasn't a ban" says the superintendent; "yes, there was a ban" says the response from the district's attorney. Hello? A little contradictory, guys. And Michael, keep the ACLU # handy because I'm sure they'd consider your case if you continue to feel your life is being threatened for speaking up.

Posted by: jen on 04/27/06 at 4:54 PM

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