Jeff Taylor | August 24, 2006
Or Spanish teachers of the world unite!
A 7th-grade geography teacher in Colorado was escorted from his class and placed on adminstrative leave for hanging the flags of China and Mexico in his geography class. His geography class.
A new state law says only the flag of the United States can be on permanent display in classrooms. This would've seriously cheesed off my junior high and high school Spanish teachers. I think one even had a sombrero on the wall, too.
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The janitor was also excorted off the premises after a DHS team discovered a can of Black Flag and assorted flagstones in a basement tool closet
"A new state law says only the flag of the United States can be
on permanent display in classrooms."
If this is the full scope of the law and someone really wants to
have fun with this, they should get someone to put up the Colorado
state flag and arrange for someone to make a complaint.
This is more evidence that the dumming down of our educational
system for the past generation is causing more dumbing down for the
present generation.
Good thing there are literate people in India, wherever that is, to
provide tech support for our user-friendly (they better be)
computers.
If the teacher just agreed to take down the flags at the end of the school year, they would no longer be "on permanent display"...
... waiting for semiliterate bullshit justification from the
"military lawyer" in
5
4
3
2
1
I live in Colorado, and I'm an attorney, and I'd never heard of
this law, but here it is:
Colorado Revised Statutes
Title 18. Criminal Code
Article 11. Offenses Involving Disloyalty
Part 2. Anarchy--Sedition
Sec. 18-11-205. Unlawful to display flag--exceptions
(1) Any person who displays any flag other than the flag of the
United States of America or the state of Colorado or any of its
subdivisions, agencies, or institutions upon any state, county,
municipal, or other public building or adjacent grounds within this
state commits a class 1 petty offense.
(2) Any person who displays any flag other than the flag of the
United States of America or the state of Colorado or any of its
subdivisions, agencies, or institutions in any place where it is
likely to be viewed by the public or a substantial portion thereof,
knowing that under the circumstances then existing such display is
likely to cause a breach of the peace, commits a class 1 petty
offense.
(3) "Flag", as used in this section, means any flag, ensign,
banner, standard, colors, or replica or representation thereof
which is an official or commonly recognized symbol of a particular
nation, state, movement, cause, or organization.
(4)(a) This section does not apply to:
(I) The display of the flag of the United Nations or the flag of a
foreign nation displayed to identify persons officially
representing such foreign nation or the property or premises of the
person or nation;
(II) The display of an appropriate flag upon ceremonial or
commemorative occasions proclaimed by the president of the United
States, the governor of the state of Colorado, the board of county
commissioners of any county, or the mayor or other chief executive
officer of a city or town within this state;
(III) The display of the flag of any adjacent state with the flag
of the state of Colorado at the ports of entry weigh stations, in
recognition of the joint state port operation; or
(IV) The display of any flag or representation thereof described in
subsection (1) of this section that is part of a temporary display
of any instructional or historical materials not permanently
affixed or attached to any part of the buildings or grounds
described in subsection (1) of this section.
(b) This subsection (4) shall be an affirmative defense.
It apparently criminalizes the display of the flags of other US
states too except as specifically permitted at subsection
(4)(a)(III).
I'm thinking "I'll bet the United Nations Flag is o.k." then, sure enough, SR posts that it is.
With laws like that, is it any wonder that the creators of South
Park were the byproducts of the Colorado education system.
I'm waiting for the inevitable episode based on this.
You know, I could easily spend ten minutes enumerating reasons
schools should be private.
I don't think I would have come up with this one...
Reading between the lines suggests the law may have been partly derived from a way to ban any kind of confederate flag displays without directly saying so. OTOH its not the south.
So, if in a fit of state pride I carry the majestic flag of
Florida onto state property in Colorado, I'm a disloyal, anarchic,
seditious traitor? It's a fair cop, but it's probably a wee bit
unconstitutional. Here's a for instance. Biff, the native
Coloradoian, displays a small Colorado flag in his cubicle at a
Colorado DMV office. Ragnar, the native Floridian, sitting in the
next cube, displays the awe-inspiring flag of Florida. Biff is okay
in the eyes of the law, but Ragnar is going to get beaten with a
flag pole. How is that not viewpoint discrimination? I'm not saying
that the official flying of "alien" flags on state flagpoles
couldn't be restricted, but this statute appears to go waaay beyond
that.
Note the "breach of the peace" language for 18-11-205(2). That's a
weak attempt to keep that part of the statute constitutional, but I
don't think it's enough to save the rest of the act.
Ahem. Make that Coloradoan or Coloradonator. I tried to fix it, but, this one time, the server was too fast.
(1) Any person who displays any flag other than the flag of
the United States of America or the state of Colorado or any of its
subdivisions, agencies, or institutions upon any state, county,
municipal, or other public building or adjacent grounds within this
state commits a class 1 petty offense.
Sounds like it's sedition to have even a sticker of another flag
displayed on your car if it's parked in the lot of a public
building.
How do they come up with this stuff?
Thanks SR.
(4)(a) This section does not apply to:...
(IV) The display of any flag or representation thereof
described in subsection (1) of this section that is part of a
temporary display of any instructional or historical materials not
permanently affixed or attached to any part of the buildings or
grounds described in subsection (1) of this section.
Sounds to me like the teacher is not guilty of violating this
law.
It strikes me that it's pretty tough to get anything but morons out
of a school system that is apparently run by morons in a country
that I am increasingly coming to believe is governed by
morons.
Poor kids.
Reading between the lines suggests the law may have been partly
derived from a way to ban any kind of confederate flag displays
without directly saying so. OTOH its not the south.
No. I'm pretty sure that this is a jingoistic, xenophobic law
passed by jingoistic, xenophobic pricks.
This law was passed to stop Ward Churchill from flying the Al Qaeda flag in his freshman comp classrooms.
...any instructional or historical materials not permanently
affixed or attached to any part of the buildings...
I might bloody add, how the bloody hell does someone bloody
permanently bloody attach a bloody flag to to any bloody
part of any bloody building?
Sorry about that but when I get really mad I lapse into Australian
Vernacular English. :)
(2) Any person who displays any flag other than the flag of
the United States of America or the state of Colorado or any of its
subdivisions, agencies, or institutions in any place where it is
likely to be viewed by the public or a substantial portion thereof,
knowing that under the circumstances then existing such display is
likely to cause a breach of the peace, commits a class 1 petty
offense.
Could that be any flag in your yard or on your house, up to and
including those garden flag with kitties on them?
Hamlin, who teaches 7th grade, said he believes the national
debate surrounding immigration and the Mexican flag has contributed
to the controversy. He wonders if he would have caused such a stir
if he had hung flags of Switzerland or Australia instead of
Mexico. - From TFA.
Of course these flags would get you in trouble. The have
crosses on them. :)
http://www.crwflags.com/fotw/flags/ch.html
http://www.crwflags.com/fotw/flags/au.html
Kevin
The whole incitement theory bothers me in the best situations. What constitutes me knowing that my display is likely to breach the peace? Certainly, the mere display of the Nazi flag would upset and offend many people. But if one of those offended people decides to meet speech with fisticuffs, is the Nazi bad boy responsible for that violence? The whole heckler's veto concept just turns speech on its face. Incitement to violence means more than offending someone to the point of throwing a rock.
While we're on the topic of teaching unconventional topics, is it now going to be inappropriate if a teacher states that Pluto is a planet?
For an example of speech that is so close to an "act" of violence, imagine a guy who walks into a meeting of families of people killed in 9/11. He points to the back of an Arab guy walking outside and says, "Jesus Christ! That's bin Laden! Kill the mother!". And they do. Okay, that's probably something that can be dealt with without weakening the freedom of speech.
I might bloody add, how the bloody hell does someone bloody
permanently bloody attach a bloody flag to to any bloody part of
any bloody building?
Like this: http://science.ksc.nasa.gov/facilities/vab.jpg
Pluto is now the Taiwan of the Solar System. Technically
speaking, it no longer exists.
Since Pluto isn't a planet, I hereby claim it and Charon as my
personal fief. Tremble before the Lord of Pluto!
David,
If your kitty flag is likely to cause a breach of the peace amongst
your neighbors, then I feel really sorry for you. I feel sorry for
your sorry-assed neighbors too.
Especially after the storm troopers haul you off to jail for
sedition!
P.S. It could be worse. With your kitty flag, you could get
flattened like a pancake by a giant beer can for not realizing that
men should act like men.
I'm waiting for the inevitable episode based on
this.
It's already been done, Deus Ex Machina. Chef Goes Nanners. Ok,
it's not exact, but it is close enough, IMO.
Charon is where the half-black, half-white guys from Cavanaugh's
Star Trek post are from.
"Just look at him...he's a half-black!"
I think we should go Kodos and Tarsus IV the jackasses in the
Colorado legislature. Utah is starting to wear off on them.
Yeah, but that episode was more about the Confederate flag issue
rather than a ban against flying anything but the Stars and
Stripes. One possible plot I had in mind involved Ike displaying a
Canadian flag and being arrested.
BTW, does anyone have any background on this law? Was it created
during the Red Scare of the 50's or during the battle over the
Pledge of Allegiance? Or did some senator sneak this one in as a
rider in an unrelated apportions bill?
Sorry about that but when I get really mad I lapse into
Australian Vernacular English.
Australian Vernacular English is specifically prohibited under
Colorado state law. Even thoughts expressed in foreign idioms in
your head is a misdemeanor, while your person is within state
lines.
The revolution is successful. But survival depends on drastic measures. Your continued existence represents a threat to the well-being of society. Your lives mean slow death to the more valued members of the colony. Therefore I have no alternative but to sentence you to death. Your execution is so ordered.
You know, I could easily spend ten minutes enumerating
reasons schools should be private.
I don't think I would have come up with this one...
Amen. No, I didn't say that from a public school....
"smackyisaprude"
WTF is with your screen name? Not funni. Go awai. Hokae? That way,
you can resume your spanking to Anime in your parents' basement.
But don't insult the Smacky. Hokae? Good.
May you wake up with Gennifer Flowers giving you a face like a
glazed donut.
signed,
A Moose in the Smacky's Fanclub (headed by Mr. Darkly)
If the supply ships hadn't come early, why, history may have
remembered your Kodos as a great hero!
Well, really, the CO law is an affront to the freedom of
expression.
The poor children, being raised by a generation of zombified
followers, learning that state-sponsored xenophobia is a viable
alternative.
To think I moved out west because I resented the nanny-state
mentality back east.
Where to go now?
VM, I was hoping to get a rise out of the dear smacky
myself...sorry you so sensitive to childish ribbing of your sweet
smacky.
Gennifer Flowers? Smacky might be a prude, but you are a VH1
flashback. :)
Who are you to say what cruelty is captain?
DEM
"One possible plot I had in mind involved Ike displaying a Canadian
flag and being arrested."
Please, please, please, use some other country's flag for your test
case. I don't think I could stand the self-righteous breast-beating
that would go on here in Canada if you did manage to get yourself
arrested.
Juggler,
I was using the kitty flag as an example of something harmless that
a prickish neighbor might bitch about. Since it's Colorado, let's
say it was an Oakland Raiders flag.
Since replicas and representations of flags count, can a government
worker have a forearm tattoo of a foreign flag?
The key word is "displayed" That means you can wear Chinese or Mexican Flag underwear
What about the poor, backwater Colorado burgs who are so poor they haven't been able to afford any new flags in their courthouses or classrooms since 1959 when there were only 49 stars? Is a pre-'59 flag still a "Flag of the United States of America" or is it "likely to cause a breach of the peace" and the first step on the dark path to sedition?
"BTW, does anyone have any background on this law? Was it
created during the Red Scare of the 50's or during the battle over
the Pledge of Allegiance? Or did some senator sneak this one in as
a rider in an unrelated apportions bill?"
Westlaw's legislative history shows this was on the books at least
as far back as 1963. I'd have to go to the Colorado Supreme Court
law library to look up any appearances older than that.
Apparently the school is offering to reinstate him if he rotates
the flags out every 6 weeks. Hamlin is debating whether to go back
to his job or just go back to school.
Teacher
In Flag Flap Reinstated
Well, what do you expect from the state that put Tom Tancredo in
Congress? I notice, by the way, that KOA (the Denver-area wingnut
station) has absolutely nothing on the story on their
website...?
He should've hung up a Confederate flag; then the knuckle-draggers
would be lining up to defend the poor bastard as a victim of
"political correctness"...
I'm surprised they did not order the burning of all unauthorized
flags.
To be followed by the burning of ....
(4) (a) The chief administrative officer of any state
institution, school, or court facility described in this section
shall not permit the display of any depiction or representation of
a flag of the United States that is intended for public view and
permanently affixed or attached to any part of the building or
grounds of said state institution, school, or court facility, and
which display does not conform with 4 U.S.C. sec. 7.
(b) Nothing in this subsection (4) shall be construed to
preclude the temporary display of any instructional or historical
materials or student work product included as part of a lesson not
permanently affixed or attached to any part of said building or
grounds.
Yawn. Someone got his 15 minutes of fame, huh?
Cecil:
KEITH SMART.
How is life on the road with the carnival? "Welcome" back! Should
have recognized you by your "Carefree" style, as if in a "Summer's
Eve"!
What you should do, then, is use your funny handle, but keep the
email/URL so we know that it's you. Then we can tailor responses
much better. (That's one difference between humorous ribbing and
actual twaddlenockery)
So I gather from your comments "..sensitive to...", that the
correspondence courses I've been taking on "Sensitivity, Crying in
my General Foods International Coffees, and Dedodorant Eating
(d'oh, what a giveaway)" has paid off!
I also yell hysterically during fire drills and eat library paste.
But that's what happens when you score "extremely lousy" on the
"Emotional Adjustment Test"! (FYI)
Here's one way to protest this kind of thing =
http://www.bustedtees.com/shirt/greece
He talks about challenging it in court, but though IANAL, I
don't think he's got much of a case. Government employees' freedom
of speech can be restricted while performing their official duties.
For example, the First Ammendment does not allow this teacher to
preach his religion during class, though it does protect his right
to do so in his personal life.
Stupid, stupid law, but that doesn't necessarily mean it's
unconstitutional.
Coming in late here, but this reminds me of something I saw on a
classroom wall when the Little Woman and I were out near San
Francisco visiting cherished daughter. I've tried to describe it
here before.
It took the standard grading letters and inverted them, with D for
democracy at the top and A for anarchy at the bottom.
Peaceful anarchist that I am, it caught my attention and deeply
offended me.
Peaceful anarchists are not easily offended.
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