School Has Started

School Has Started

As the 2016 school year has started, I figure that now is perfect time to showcase and celebrate schoolgirls…or, more accurately and somewhat less creepily, the fetish play that is women in or partially in school uniforms.

Oh sure, it’s a bit of ephebophilia, but as long as it’s just a roleplay thing and not the active pursuit of actual schoolgirls, I’ll be one of the last ones to name it wrong…unless someone’s taken it to the point of fetishism and requires it for sexual stimulation. In that case, like all fetishes, they need to seek psychiatric help.

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ACLU’s Queer Behavior

Recently, Bangor Area High School held a week-long Gay-Straight Alliance event in which the school’s Gay-Straight Alliance encouraged students to wear different colored shirts each day to raise awareness of queer issues such as bullying and suicide. During the high school’s televised announcements on the last morning of the event, two students on the broadcast wore Chick-fil-A T-shirts. This resulted in a shit of social media attacks against the two students and eventually led to about 15 students who engaged in the cyberbullying to being suspended the following week.

Anti-Christian Litigation Union (ACLU)Anti-Christian Litigation Union (ACLU) Is On The Scene

The result of that is that the ACLU of Pennsylvania is investigating the matter in order to determine if the school can charged with civil rights violations for suspending the students who attacked the two students who dissented against the LGBT event. Mary Catherine Roper, deputy legal director of the organization, described the suspensions as, “pretty harsh punishment.”

Somehow I just don’t think that any sane American could bring themselves to believe that, if the situation were reversed and it was two students wearing rainbow t-shirts who were attacked and bullied, the ACLU would investigate the school for suspending the perpetrators. No, the Anti-Christian Litigation Union (ACLU) doesn’t roll that away…ever.

Of course, the only reason the ACLU isn’t formally described as a hate group is that organization that makes its money by denoting organizations as such, the Southern Poverty Law Center (SPLC), is itself a hate group.

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Too Young For Rights?

The 9th Curcuit of the US Court of Appeals has reaffirmed that Constitutional and Civil Rights are not fully applicable or to be enjoyed by juveniles in the setting of a state-run school with their decision upon Dariano v. Morgan Hill Unified School District.

They have ruled that it is no violation of students’ rights to force them to either leave school or change clothes for wearing shirts with the US Flag upon them on Cinco de Mayo. Such juveniles don’t have the same level rights as adults enjoy under the law.

Dariano v. Morgan Hill Unified School District

SUMMARY
Civil Rights

The panel affirmed the district court’s summary judgment in a civil rights suit brought by high school students who were asked to remove clothing bearing images of the American flag after school officials learned of threats of race-related violence during a school-sanctioned celebration of Cinco de Mayo.

The panel held that school officials did not violate the students’ rights to freedom of expression, due process, or equal protection. The panel held given the history of prior events at the school, including an altercation on campus, it was reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real. The panel held that school officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances.

OPINION

McKeown, Circuit Judge:

First Amendment rights and the operational and safety needs of schools. As we noted in Wynar v. Douglas County School District, 728 F.3d 1062, 1064 (9th Cir. 2013), “school administrators face the daunting task of evaluating potential threats of violence and keeping their students safe without impinging on their constitutional rights.” In this case, after school officials learned of threats of race-related violence during a school-sanctioned celebration of Cinco de Mayo, the school asked a group of students to remove clothing bearing images of the American flag.

The students brought a civil rights suit against the school district and two school officials, alleging violations of their federal and state constitutional rights to freedom of expression, equal protection, and due process. We affirm the district court’s grant of summary judgment as to the only defendant party to this appeal, Assistant Principal Miguel Rodriguez, and its denial of the students’ motion for summary judgment, on all claims. School officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances. As a consequence, we conclude that school officials did not violate the students’ rights to freedom of expression, due process, or equal protection.

Given the text of the opinion in the 1969 case of Tinker v. Des Moines Independent Community School District this was a solid legal decision on the part of the Court. Tinker did, after all, hold that school administrators could violate the constitutional and civil rights of students for the purpose of maintaining order and preventing disruption of the normal operations of the school.  As disruption in the form of violence was likely, Mckeown’s ruling, displeasing as it is, was right based upon earlier Court precedents.

It’d be better if the 9th Circuit had undertaken to decide that, even in the case of minors in school, “Hecklers’ Vetoes” are unconstitutional. Sadly, the 9th Circuit and Judge McKeown is particular has a trend in holding strictly to Tinker. Expecting a significant policy change isn’t really realistic.

A Small Thought Experiment

What actually happened was that during the school’s 2010 Cinco de Mayo celebration, a Hispanic Assistant Principal, Miguel Rodriguez demanded that some White students remove their shirts which had the US Flag on them because Hispanic students were likely to become violent towards them based upon both current and previous behavior by those Hispanic students.

That was not a violation of any the White students’ rights.

What could have happened in an alternate reality is that during that 2010 Cinco de Mayo celebration a Caucasian Assistant Principal, John Smith demanded that some Hispanic students remove their shirts which had the Mexican Flag on them because White students were likely to become violent towards them based upon both current and previous behavior by those White students.

Care to wager whether or not that would have been a violation those Hispanic students’ rights?

A Final Consideration

It might actually be that Tinker sets forth the correct constitutional rule in this case. Schools do have special responsibilities to educate their students and to protect them both against violence and against disruption of their educations. Thus a school might thus have and require the discretion to decide that prevention of disruption, even at the cost of suppressing speech, is acceptable.

That, however, does not address the fact that in parts of California it is utterly unsafe for White ,American students to wear or display our nation’s flag while at school due to the reasonable fear that Hispanic students will physically attack them for doing so. Worse, the only way that the schools can- or is willing protect them is by restricting their freedoms rather than punishing and/or reeducating the violent Hispanics.

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Some Good Remains

American society has degenerated to a horrific extent. Community, fraternity, faith, and charity have been deprecated in favor of government largess and coercion. This has brought about the wholesale dissolution of many good and right things that weren’t even part of the equation written by the Statists.

It’s so easy to see only the evil and the darkness.

Some good remains however. Some lights of rightness still flicker in the darkness and depravity. The community in and surrounding Little Chute, Wisconsin seems to be one of them.

That they could come together and give such a gift to a young man who would in most places and by most people be considered “one of the least of these brothers and sisters” shows that there’s still hope.

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How The Game Is Played

When it comes to football, especially high school and college football, how the game is played is supposed to be more important than the score or seasonal standings. This doesn’t seem to be how it actually works most of the time, though. Hence, it great to see when it does and to see teams like St. Clairsville High School’s Red Devils, coaches like Brett McLean, and players like Michael Ferns.

How The Game Is Played…Or Should Be, At Least

It’s really quite a simple thing – but simple seems to be bloody damn hard more often than not – Coach McLean, Michael Ferns, and the starting Red Devils did the right thing and showed the depth and strength of character and fellowship that school athletics are supposed to teach young people.

I could go into all the details but ESPN has does a better job of that than I probably could. Just go to the link in the first paragraph if you want the sad and amazing details.

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