After many months of waiting for the Ninth Circuit Court of Appeals to decide whether it would take another look at our appeal in a case involving the right of students to wear patriotic clothing at school (Dariano v. Morgan Hill Unified School District), the liberal court issued an order today denying en banc (11 judges deciding) review. This is the case in which our clients were ordered to remove their patriotic clothing on May 5 at a public high school because it offended the “Mexican” students celebrating Cinco de Mayo.
Judge O’Scannlain’s excoriated his fellow judges in a searing dissenting opinion, stating:
The freedom of speech guaranteed by our Constitution is in greatest peril when the government may suppress speech simply because it is unpopular. For that reason, it is a foundational tenet of First Amendment law that the government cannot silence a speaker because of how an audience might react to the speech. It is this bedrock principle—known as the heckler’s veto doctrine—that the panel overlooks, condoning the suppression of free speech by some students because other students might have reacted violently.
Judge O’Scannlain pounced on his fellow judges, lamenting that their opinion “contravenes foundational First Amendment principles, creates a split with the Seventh and Eleventh Circuits, and imperils minority viewpoints of all kinds.”
Bill Becker, founder and president of Freedom X reacted to the opinion by noting the court’s outrageous comparison of the Stars and Stripes with the Confederate flag. “The American flag is not a symbol of racism or division,” Becker said. “It is the symbol of freedom and unity. Americans have fought and died to protect that flag, and now we are told to conceal it so we don’t offend Mexican aliens, some of whom entered this country illegally. The liberal judges on the court were forced to do rhetorical backflips to come to this outrageous decision.”
Freedom X will now appeal the case to the U.S. Supreme Court and has 90 days to file its petition for certiorari.
Freedom X will not allow the politically correct judiciary insult our flag. Please help us mount this important challenge with your generous donations. And pray for ultimate victory.
All for His glory!