First Amendment war: Flag case judge was rumored to be potential Justice

National Republican Banner 1856

The caption for this national Republican banner (1856) on file in Library of Congress archives addresses free labor, free speech, and free territory in years preceding the U.S. Civil War. (LOC)

The war on the First Amendment to the U.S. Constitution continues.

A Florida teacher forced a child to stop reading his Bible during free reading time.  Protesters in California waved U.S. flags after a school banned t-shirts with the flag on a day made special primarily because of a company marketing its beer. 

The judge writing for the majority in the flag case was rumored to be a potential nominee to the Supreme Court during President Barack Obama’s first term.

Americans have no idea how unique the First Amendment is compared to government limits on speech in other countries, even those that are considered free. That is one of many reasons no ground should be yielded by us when it is under assault.

No teacher should be able to prohibit a child reading a holy book of any kind during free time. It would be interesting to see what books other students were reading as the young man in the Florida classroom was forced to put his away. Perhaps that will be disclosed in a court case brought by the Liberty Institute.

The California dustup occurred because of a U.S. celebration, Cinco de Mayo,  most learned about because of marketing from a beer company. Some media now claim there was a battle in Mexico that figured into the celebration. Most of us who aren’t teens, however, know the beer company made the holiday popular. There’s also a cultural aspect—ethnic loyalty to Mexico among students in California schools.

Rumbling beneath the surface there are antagonistic comments on social media like Twitter, with students resorting to racism to bash “white people” and the U.S. flag.

A suspect court decision made the banning of the U.S. flag possible.

The majority judge was appointed by President Bill Clinton.

Judge Margaret McKeown was instrumental in the illicit flag decision and according to the populist site Wikipedia, rumors surfaced about her possible nomination to the U.S. Supreme Court. Her decision on the flag controversy should bar her from SCOTUS for life. If you read her decision, it is obvious she is not qualified to serve as a justice. As a matter of fact, she should step down from her post as a federal judge because of her aggressive assault on the First Amendment rights of the students.

The image above this article is from the 1856 national banner for the Republican Party emphasizing free labor, free speech, and free territory in the years before the U.S. Civil War. By ‘free labor,’ the Party meant no forced labor as practiced under slavery.

No government entity should get away with trampling the First Amendment, and thus far, that is what is happening from Florida to California by way of Washington, D.C.

(For more on the War on the First Amendment, read archived stories at Day on the Day by following the category link US Constitution in the right column on this page.)

(Commentary by Kay B. Day/May 6, 2016)

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About Kay Day

Kay B. Day is a freelance writer who has published in national and international magazines and websites. The author of 3 books, her work is anthologized in textbooks and collections. She has won awards for poetry, nonfiction and fiction. Day is a member of the American Society of Journalists and Authors and the Authors Guild.
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One Response to First Amendment war: Flag case judge was rumored to be potential Justice

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