Click here to close now.

SYS-CON MEDIA Authors: Plutora Blog, Pat Romanski, Jason Bloomberg, Liz McMillan, Elizabeth White

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
Amazon, Google and Facebook are household names in part because of their mastery of Big Data. But what about organizations without billions of dollars to spend on Big Data tools - how can they extract value from their data? In his session at 6th Big Data Expo®, Ali Ghodsi, Co-Founder and Head of Engineering at Databricks, discussed how the zero management cost and scalability of the cloud is addressing the challenges and pain points that data engineers face when working with Big Data. He also s...
Container frameworks, such as Docker, provide a variety of benefits, including density of deployment across infrastructure, convenience for application developers to push updates with low operational hand-holding, and a fairly well-defined deployment workflow that can be orchestrated. Container frameworks also enable a DevOps approach to application development by cleanly separating concerns between operations and development teams. But running multi-container, multi-server apps with containers ...
Software development, like manufacturing, is a craft that requires the application of creative approaches to solve problems given a wide range of constraints. However, while engineering design may be craftwork, the production of most designed objects relies on a standardized and automated manufacturing process. By contrast, much of moving an application from prototype to production and, indeed, maintaining the application through its lifecycle has often remained craftwork. In his session at Dev...
Software Development Solution category in The 2015 American Business Awards, and will ultimately be a Gold, Silver, or Bronze Stevie® Award winner in the program. More than 3,300 nominations from organizations of all sizes and in virtually every industry were submitted this year for consideration. "We are honored to be recognized as a leader in the software development industry by the Stevie Awards judges," said Steve Brodie, CEO of Electric Cloud. "We introduced ElectricFlow and our Deploy app...
SYS-CON Events announced today that DragonGlass, an enterprise search platform, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. After eleven years of designing and building custom applications, OpenCrowd has launched DragonGlass, a cloud-based platform that enables the development of search-based applications. These are a new breed of applications that utilize a search index as their backbone for data...
While there are hundreds of public and private cloud hosting providers to choose from, not all clouds are created equal. If you’re seeking to host enterprise-level mission-critical applications, where Cloud Security is a primary concern, WHOA.com is setting new standards for cloud hosting, and has established itself as a major contender in the marketplace. We are constantly seeking ways to innovate and leverage state-of-the-art technologies. In his session at 16th Cloud Expo, Mike Rivera, Seni...
SYS-CON Events announced today that EnterpriseDB (EDB), the leading worldwide provider of enterprise-class Postgres products and database compatibility solutions, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. EDB is the largest provider of Postgres software and services that provides enterprise-class performance and scalability and the open source freedom to divert budget from more costly traditiona...
The Internet of Things is not only adding billions of sensors and billions of terabytes to the Internet. It is also forcing a fundamental change in the way we envision Information Technology. For the first time, more data is being created by devices at the edge of the Internet rather than from centralized systems. What does this mean for today's IT professional? In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will addresses this very serious issue o...
An entirely new security model is needed for the Internet of Things, or is it? Can we save some old and tested controls for this new and different environment? In his session at @ThingsExpo, New York's at the Javits Center, Davi Ottenheimer, EMC Senior Director of Trust, reviewed hands-on lessons with IoT devices and reveal a new risk balance you might not expect. Davi Ottenheimer, EMC Senior Director of Trust, has more than nineteen years' experience managing global security operations and asse...
The Internet of Things is a misnomer. That implies that everything is on the Internet, and that simply should not be - especially for things that are blurring the line between medical devices that stimulate like a pacemaker and quantified self-sensors like a pedometer or pulse tracker. The mesh of things that we manage must be segmented into zones of trust for sensing data, transmitting data, receiving command and control administrative changes, and peer-to-peer mesh messaging. In his session a...
In their general session at 16th Cloud Expo, Michael Piccininni, Global Account Manager – Cloud SP at EMC Corporation, and Mike Dietze, Regional Director at Windstream Hosted Solutions, will review next generation cloud services, including the Windstream-EMC Tier Storage solutions, and discuss how to increase efficiencies, improve service delivery and enhance corporate cloud solution development. Speaker Bios Michael Piccininni is Global Account Manager – Cloud SP at EMC Corporation. He has b...
SYS-CON Events announced today that MetraTech, now part of Ericsson, has been named “Silver Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York, NY. Ericsson is the driving force behind the Networked Society- a world leader in communications infrastructure, software and services. Some 40% of the world’s mobile traffic runs through networks Ericsson has supplied, serving more than 2.5 billion subscribers.
EMC Corporation on Tuesday announced it has entered into a definitive agreement to acquire privately held Virtustream. When the transaction closes, Virtustream will form EMC’s new managed cloud services business. The acquisition represents a transformational element of EMC’s strategy to help customers move all applications to cloud-based IT environments. With the addition of Virtustream, EMC completes the industry’s most comprehensive hybrid cloud portfolio to support all applications, all workl...
While great strides have been made relative to the video aspects of remote collaboration, audio technology has basically stagnated. Typically all audio is mixed to a single monaural stream and emanates from a single point, such as a speakerphone or a speaker associated with a video monitor. This leads to confusion and lack of understanding among participants especially regarding who is actually speaking. Spatial teleconferencing introduces the concept of acoustic spatial separation between confe...
Buzzword alert: Microservices and IoT at a DevOps conference? What could possibly go wrong? In this Power Panel at DevOps Summit, moderated by Jason Bloomberg, the leading expert on architecting agility for the enterprise and president of Intellyx, panelists will peel away the buzz and discuss the important architectural principles behind implementing IoT solutions for the enterprise. As remote IoT devices and sensors become increasingly intelligent, they become part of our distributed cloud en...