This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

Mar. 11, 2014

Ruling on American flag T-shirt ban gives wrong lesson

The high court has held that the "listeners' reaction to speech is not a content-neutral basis for regulation - in other words, the First Amendment does not permit a heckler's veto." By Arthur Willner


By Arthur Willner


In a case that has received national attention, resonating throughout talk radio and the blogosphere, last month the 9th U.S. Circuit Court of Appeals ruled that the administrators of a Northern California high school did not violate the First Amendment rights of three students who they restricted from wearing T-shirts depicting the American flag on campus on the Mexican holiday of Cinco de Mayo in 2010. Dariano v. Morgan Hill Unified School ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up