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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review

Can students be barred from wearing patriotic clothes? Dispute goes to court

By Patrik Jonsson






'Important legal territory' in case that pits Hispanics against Anglos


JewishWorldReview.com | (TCSM) The right of American students to wear to school patriotic clothing — or just an image of the US flag — is at the core of a volatile constitutional case now in front of the Ninth Circuit Court of Appeals in San Francisco.

On May 5, 2010, Live Oak High School officials in Morgan Hill, Calif., told three students to go home after they refused to turn their US flag-themed T-shirts inside out during Cinco de Mayo, the celebration of a Mexican battle victory over France. Administrators cited lingering racial tensions at the school between Hispanics and Anglos dating back to the previous year's Cinco de Mayo celebration.

In their lawsuit, the students — listed as D.M., M.D., and D.G. — contend that there's no evidence that the T-shirts had sparked any disruptions and that "American schools cannot logically ban the American flag for any duration or reason."

Not surprisingly, the decision to send the students home for wearing the national flag generated outrage and wall-to-wall media coverage, touching a raw nerve in a country riven by, among other things, the immigration debate and the rise of the tea party, a patriotic grass-roots movement.



But to constitutional scholars and First Amendment experts, the case presents a broader test of the courts' traditional deference toward schools. It also involves the notion of "the heckler's veto," or the ability of government to suppress rowdy speech that it believes could spark violence or suppress the free speech of others.

Moreover, the case touches on the "viewpoint neutrality" principle — where the state, at least technically, is not allowed to discriminate against particular viewpoints, even ones that some people find offensive or distasteful.

"The real oddity of this is that students wearing the same T-shirt on Memorial Day would be applauded, which makes it pretty tough on administrators to divine whether an American flag T-shirt is subversive or patriotic," says Ken Paulson, former editor in chief of USA Today and now president of the First Amendment Center in Nashville, Tenn.

The students lost the first round, when a US district judge ruled that school officials were within their rights to send the students home. Judge James Ware cited concerns where the flag-wearing Anglo students could be in danger of attack from angry Hispanic students.

"Although no school official can predict with certainty which threats are empty and which will lead to true violence, the Court finds that these school officials were not unreasonable in forecasting that the Plaintiffs' clothing exposed them to significant danger," Judge Ware wrote.

Ware, who is now retired, also noted that "our Constitution grants public school children only limited First Amendment rights when they enter the schoolhouse gates." But he also acknowledged that the Live Oak High School case enters "important legal territory."


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Yet the Ninth Circuit may have a different view, legal scholars say.

"It will be interesting to see whether the 9th Circuit panel will view the case as one of appropriate school judgment, and defer to school officials' expertise, or will see it as a classic example of a censorial overreaction," writes David L. Hudson on the First Amendment Center website.

In their lawsuit, the students dismiss the idea that the T-shirts posed the threat of violence or disruption, largely because the students had been in school that day for more than three hours and there had been no reports of problems. They also dismissed attempts to draw parallels to the banning of Confederate flag symbols by some schools, saying the US flag is viewed far differently.

But even if the T-shirts had sparked a reaction, that shouldn't automatically prompt an administration crackdown, other scholars suggest.

"The fact is, in political speech, you get hecklers because political speech riles people up, but that's not the same as violence," says Trevor Burrus, a research fellow at the Cato Institute's Center for Constitutional Studies in Washington. "Schools should allow students to be riled up and have conversations about what's around them. The other concern here is that the modern liberal school system is based more on the 'no one should ever be offended' doctrine rather than the 'robust political speech' doctrine."

The US Supreme Court has ruled that students have a diminished First Amendment right in school, which is one reason that principals, for example, are allowed to edit or even censor school newspapers. At the same time, the Ninth Circuit may well have to take a look at the Supreme Court's Tinker v. Des Moines Independent Community School District ruling from 1969.

In that case, it was a national debate about the Vietnam War that brought on a crackdown by school officials against students wearing black armbands in protest of the war. The court ruled that administrators could not censor student protests because there was no evidence of a major disruption, or even a reasonable forecast of anything happening.

Since then, however, the Supreme Court has shown less interest in narrowing the ability of "good faith" state actors — from principals to prison wardens — to impose order.

"In [the Live Oak High School] case, let's be clear: School officials are just trying to educate students and have as few headaches as possible, which courts view [sympathetically]," says Mr. Paulson of the First Amendment Center. "But imagine instead if a school encouraged everybody to post a political message on their T-shirt. I think they'd be applauded for their innovation and for creating a marketplace of ideas — that it's OK to have ideas and it's OK to have different opinions."

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© 2013, The Christian Science Monitor