Bennett Attacks Circuit Court Flag Ruling

House Media Division

Rep. John Bennett said today the Ninth Circuit Court has made a blatant attack on First Amendment rights in their ruling on Dariano v. Morgan Hill Unified School Dist.

“As a 20-year veteran of the U.S. Marine Corps who has taken an oath to support and defend the U.S. Constitution and all that America and our flag stands for, I am completely disgusted by another blatant attack by a court on the First Amendment,” said Bennett, R-Sallisaw. “The Ninth Circuit Court has ruled that a public school can ban the American flag on school grounds and even display other flags in its place.”

The unanimous three-judge panel said schools can curb civil rights to ensure campus safety and in the case had sufficient and justifiable reasons for their actions.

The court points out that the rights of students in public high schools are limited and that student speech could be restricted if school authorities foresee disruption stemming from the speech.

“The school’s poor policy decision was affirmed by an already confirmed liberal-minded Ninth Circuit,” Bennett said. “It’s an unbelievable strike at the First Amendment. In legalese, this is called a heckler’s veto.  This is when a heckler, the opponent of a particular viewpoint, is able to threaten violence or cause such a disruption that the authorities shut down the viewpoint with which they disagree.  In other words, they win.  They don’t like a viewpoint; they cause a ruckus; and that viewpoint they didn’t like gets silenced.”

Ironically, a heckler’s veto is unconstitutional, according to the Ninth Circuit Court.

A previous case by the court famously states that “[n]either students [n]or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

“I want to be very clear, because I can already see that I might be labeled racist or a bigot,” Bennett said. “This has nothing to do with the substance of the free speech I think should be protected. There is absolutely nothing wrong with celebrating Cinco de Mayo in public school. There is absolutely nothing wrong with students displaying the Mexican flag, the British flag, or any other flag.  We have a rich cultural history in America. America was built on diversity and I agree we are a melting pot of ideas, backgrounds and interests. I don’t object to the flags of other countries being displayed. I simply object to the premise that the American flag can rightfully be shunned. We are Americans and our schools and courts should not trample over a symbol of our nation.

“I encourage citizens to join the ACLJ.  They are preparing to file a friend-of-the-court brief defending the American flag and patriotic free speech.  Already thousands of Americans have signed on to the brief; join them today by calling the petition hotline at 1-877-989-2255.”


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  1. Vernon Woods, 05 March, 2014

    What is this all about?? I must have missed it.

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