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Saturday, November 20, 2010

Patriotism First Means Respect for our Constitution's First Amendment.

SENT TO ME BY RAY
Patriotism First Means Respect for our Constitution's First Amendment.

My good friends,
I agree wholeheartedly with the post expressing abhorrence for this school administration that took the American flag down in front of the school, and it would be a sad day indeed when we would have to be concerned about raising our American flag because of the threat of terrorism. The school district should be condemned, and even the thought that we might take down our flag anywhere in America because of the threat of terrorism is cowardly, in addition to being unpatriotic. But the right of a kid to fly the American flag or Mexican flag to school on the back of his bike should be equally protected, including out of respect for the First Amendment of our Constitution. And if a "security" issue is urged to justify state action in violation of our free speech guarantees, then I say bullshit; instead the administrators of the school should do their job to assure security on their premises rather than inhibit free speech.
Mexican American kids being forced by a state public school not to fly a Mexican flag on their bikes or trikes on Cinco de Mayo, is a direct offense to the First Amendment to our Constitution. One of my most highly respected friends here at BOLT said: "My personal opinion is that if you fly a flag of another nation, it had better be under or lower than a US flag or people should be concerned. If you don't, you are declaring that space as property of another nation." But as good, patriotic Americans, I should hope that we would just as forcefully stand behind the right of the child of Mexican heritage to ride to a public school with a Mexican flag on his bike, just as we would stand behind the American kid who wants to ride to school with the American flag on Cinco de Mayo, simply out of respect for our First Amendment.
So lets examine whether our principles, including our allegiance to the Constitution and the right of free speech, should be put aside so that a foreign kid or American child of foreign heritage should be condemned for raising the "colors" of another country within our 50 states. I remember when I was a kid that if we didn't wear green to school on St. Patty's day that we were subject to getting punched or pinched all day, a kind of enforced allegiance to Ireland notwithstanding that these were public schools right here in America. My main bar in San Francisco when I was in law school was "Pat O'Shea's," a bar that had a four leaf clover, the Irish flag, and the words "Irish Pub" over the door. I can recall having a great time with friends walking with little green hats on our heads on St. Patty's Day parades down Market Street and the Irish Flag was everywhere. If our abhorrence of the child who rides to school with the Mexican flag on his bike on Cinco de Mayo (or who fails to raise it below the American flag) is going to be defended as "patriotism," then what about our proud Americans of Irish heritage who will want to continue to express their pride on St. Patrick's day? Should we also condemn those who celebrate on St. Patty's day? Or maybe we should require those of Irish heritage to raise the Irish flag only if they also carry an American flag and do so with the American flag raised higher?
If this is to be grounded on patriotism, or on the superior respect that must be given to our flag, then why aren't we urged to condemn those who fly the Irish flag on St. Patty's day?
And if we can actually find some rationalization to justify it as patriotism, what the conflicting substantive patriotism that should lead us to defend our United States Constitutional right to freedom of speech? Isn't freedom of speech one of our most cherished Constitutional rights? So how do we square that with the desire to stifle a child's expression of his affection for his family's heritage, whether Mexican or Irish?
God bless America. God bless our Constitution.
Ray
----------- you’re right, ray . . .
Big

Pan,

I'm with you right up until the idea that US flag protocol trumps the Constitution. On that point we will have to agree to disagree. I understand the sentiment, but cannot support it. I live in a military community where, as you might expect, flag protocol is often a topic of discussion. I pissed a bunch of people off when my letter to the local rag defended another retired veteran's absolute right to display his American flag upside down in protest to government run amok. In keeping with this idea, my assessment of the 1st Ammendment and case law regarding symbolic speech is that Americans are free to burn, display as they please, or wipe their ass with their privately owned American flag. One does not have to like it; indeed much speech, symbolic or otherwise is often repugnent to some segment of America, but so too do many in America find the desire ride motorcycles helmetless to be ridiculous. Every time I re-enlisted in the US Marine Corps I took an oath to support and defend the Constitution. Not once did I take an oath to the flag. The Constitution is what counts, not a public law specifying how to display the American flag. A supreme court justice, in writing the majority opinion to overturn a state flag burning ban, noted that laws banning the desecration of the American flag dilutes the very freedom that the flag symbolizes. I couldn't agree more.

Most Respectfully,

Phil

Agree completely with Phil.

I, too, am a former Marine; my husband, Burl, is a retired Marine.

My husband feels as passionately about the symbolism of our flag as Jan. He tears up easily because he served in Vietnam and was on an honor guard and burial detail in Kansas City during that era. I, on the other hand, am not that emotional about it - perhaps because I didn't experience what he did; nor do I have the experiences Jan has had. In fact, I even question whether we should be "pledging allegiance to the flag." I think a more proper patriotic ritual is to put your hand over you heart, face the United States flag, and pledge allegiance to the Constitution.

Burl accepts that people have the right to disrespect the United States flag. But he said that if it were up to him he would kick their asses. I compared him to a one-percenter. Here in Las Vegas there was a stabbing in a bar over patch colors. In my view, those behaviors are over-the-top. But in the minds of the one percenters, it's all about "respect." And they are willing to die and kill over the symbolism.

Great debate. I think most here believe people have the right to - whatever; but how we react to what we perceive to be disrespect is more the issue.

TigerLily