Click here to close now.




















Welcome!

News Feed Item

ACLJ - Along With 20 Members Of Congress - Urges Federal Appeals Court to Take California Case & Reject Public School's Ban of American Flag

WASHINGTON, March 25, 2014 /PRNewswire-USNewswire/ -- The American Center for Law and Justice (ACLJ), which focuses on constitutional law, is urging a federal appeals court to reconsider a ruling backing a decision by a California high school to ban the American flag. The ACLJ has filed an amicus brief – on behalf of 20 members of Congress and more than 84,000 Americans – urging the full panel of the U.S. Court of Appeals for the Ninth Circuit to hear the case.

"The decision to ban the American flag by school officials was not only wrong but unconstitutional," said Jordan Sekulow, Executive Director of the ACLJ. "A three-judge panel reached a flawed conclusion when it permitted school officials to unconstitutionally single out one side of a debate – punishing students who merely wanted to exercise their First Amendment rights. Instead of addressing the real issue at play in this case – threats of violence by a group of students – the appeals court panel backed the school's decision to ignore those threats and move to silence their opponents. That is exactly why the full panel of the appeals court must consider this case."

The case stems from events at a San Jose-area high school during the Mexican independence celebration Cinco de Mayo. School officials ordered students who wore shirts displaying the American flag to turn them inside-out saying they feared the shirts would enflame the passions of Latino students celebrating the Mexican holiday. A three-judge panel of the 9th Circuit in February ruled that the school acted properly in banning the American flag.

Sekulow added: "Instead of banning the threats of violence and addressing those concerns, the school administrators ignored the troublemakers and trampled the free speech rights of other students who merely wanted to express their patriotism by wearing a tee-shirt displaying an American flag. Displaying the American flag is free speech and it is not permissible to stifle patriotic free speech in the face of anti-American threats."

In the amicus brief urging the entire 9th Circuit to take the case, the ACLJ's argument is clear:

"In the public school context, while school officials possess authority to prevent substantial disruption of their school's functions, that authority has its constitutional limits. This case, in fact, precisely demonstrates why schools cannot escape constitutional scrutiny even in the face of substantial disruption. The school officials' actions in this case represent a perfect storm of unconstitutional action—by empowering a heckler's veto through the use of viewpoint discrimination. School officials should not be permitted to single out and silence one side of a debate, while permitting the other side's expression to continue without restriction, solely because the latter group of speakers threatened violence in reaction to the speech of the former. Such a decision empowers violence, incentivizes further disruption, and targets disfavored speech for punishment."

The ACLJ represents 20 members of Congress in the brief: Steven Palazzo, Rob Bishop, Jim Bridenstine, Jeff Duncan, Blake Farenthold, Bill Flores, Randy Forbes, Trent Franks, Phil Gingery, Tim Huelskamp, Mike Kelly, Steve King, Jack Kingston, Doug LaMalfa, Cynthia Lummis, Jeff Miller, Joe Pitts, Scott Tipton, Randy Weber, and Lynn Westmoreland.

Further, the ACLJ was also filed on behalf of the ACLJ's Committee to Protect the American Flag, which consists of more than 84,000 Americans who seek to preserve the right of citizens of this nation, including public school students, to express themselves through peaceful, patriotic displays of the American flag.

Led by ACLJ Chief Counsel Jay Sekulow, the ACLJ is based in Washington, D.C. and is online at www.aclj.org.

MEDIA  CONTACTS: 
For Print: Gene Kapp  (757) 575-9520
For Broadcast:  Alison Geist or Chandler Epp (770) 813-0000

SOURCE American Center for Law and Justice

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
There are many considerations when moving applications from on-premise to cloud. It is critical to understand the benefits and also challenges of this migration. A successful migration will result in lower Total Cost of Ownership, yet offer the same or higher level of robustness. In his session at 15th Cloud Expo, Michael Meiner, an Engineering Director at Oracle, Corporation, analyzed a range of cloud offerings (IaaS, PaaS, SaaS) and discussed the benefits/challenges of migrating to each offe...
In their session at 17th Cloud Expo, Hal Schwartz, CEO of Secure Infrastructure & Services (SIAS), and Chuck Paolillo, CTO of Secure Infrastructure & Services (SIAS), provide a study of cloud adoption trends and the power and flexibility of IBM Power and Pureflex cloud solutions. In his role as CEO of Secure Infrastructure & Services (SIAS), Hal Schwartz provides leadership and direction for the company.
SYS-CON Events announced today that the "Second Containers & Microservices Expo" will take place November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities.
As organizations shift towards IT-as-a-service models, the need for managing and protecting data residing across physical, virtual, and now cloud environments grows with it. CommVault can ensure protection and E-Discovery of your data – whether in a private cloud, a Service Provider delivered public cloud, or a hybrid cloud environment – across the heterogeneous enterprise. In his session at 17th Cloud Expo, Randy De Meno, Chief Technologist - Windows Products and Microsoft Partnerships at Com...
The Software Defined Data Center (SDDC), which enables organizations to seamlessly run in a hybrid cloud model (public + private cloud), is here to stay. IDC estimates that the software-defined networking market will be valued at $3.7 billion by 2016. Security is a key component and benefit of the SDDC, and offers an opportunity to build security 'from the ground up' and weave it into the environment from day one. In his session at 16th Cloud Expo, Reuven Harrison, CTO and Co-Founder of Tufin,...
Scrum Alliance has announced the release of its 2015 State of Scrum Report. Almost 5,000 individuals and companies worldwide participated in this year's survey. Most organizations in the market today are still leading and managing under an Industrial Age model. Not only is the speed of change growing exponentially, Agile and Scrum frameworks are showing companies how to draw on the full talents and capabilities of those doing the work in order to continue innovating for success.
SYS-CON Events announced today that MobiDev, a software development company, will exhibit at the 17th International Cloud Expo®, which will take place November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. MobiDev is a software development company with representative offices in Atlanta (US), Sheffield (UK) and Würzburg (Germany); and development centers in Ukraine. Since 2009 it has grown from a small group of passionate engineers and business managers to a full-scale mobi...
Between the compelling mockups and specs produced by your analysts and designers, and the resulting application built by your developers, there is a gulf where projects fail, costs spiral out of control, and applications fall short of requirements. In his session at @DevOpsSummit, Charles Kendrick, CTO and Chief Architect at Isomorphic Software, presented a new approach where business and development users collaborate – each using tools appropriate to their goals and expertise – to build mocku...
Container technology is sending shock waves through the world of cloud computing. Heralded as the 'next big thing,' containers provide software owners a consistent way to package their software and dependencies while infrastructure operators benefit from a standard way to deploy and run them. Containers present new challenges for tracking usage due to their dynamic nature. They can also be deployed to bare metal, virtual machines and various cloud platforms. How do software owners track the usag...
SYS-CON Events announced today that VividCortex, the monitoring solution for the modern data system, will exhibit at the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. The database is the heart of most applications, but it’s also the part that’s hardest to scale, monitor, and optimize even as it’s growing 50% year over year. VividCortex is the first unified suite of database monitoring tools specifically desi...
Graylog, Inc., has added the capability to collect, centralize and analyze application container logs from within Docker. The Graylog logging driver for Docker addresses the challenges of extracting intelligence from within Docker containers, where most workloads are dynamic and log data is not persisted or stored. Using Graylog, DevOps and IT Ops teams can pinpoint the root cause of problems to deliver new applications faster and minimize downtime.
As Marc Andreessen says software is eating the world. Everything is rapidly moving toward being software-defined – from our phones and cars through our washing machines to the datacenter. However, there are larger challenges when implementing software defined on a larger scale - when building software defined infrastructure. In his session at 16th Cloud Expo, Boyan Ivanov, CEO of StorPool, provided some practical insights on what, how and why when implementing "software-defined" in the datacent...
Learn how you can use the CoSN SEND II Decision Tree for Education Technology to make sure that your K–12 technology initiatives create a more engaging learning experience that empowers students, teachers, and administrators alike.
Mobile, social, Big Data, and cloud have fundamentally changed the way we live. “Anytime, anywhere” access to data and information is no longer a luxury; it’s a requirement, in both our personal and professional lives. For IT organizations, this means pressure has never been greater to deliver meaningful services to the business and customers.
In a recent research, analyst firm IDC found that the average cost of a critical application failure is $500,000 to $1 million per hour and the average total cost of unplanned application downtime is $1.25 billion to $2.5 billion per year for Fortune 1000 companies. In addition to the findings on the cost of the downtime, the research also highlighted best practices for development, testing, application support, infrastructure, and operations teams.