Here is what I would like you to think about--suppose you were a school board lawyer consulted by the Principal before making a decision about the flag tee shirts. What would your advice be?
Would you go ahead with the Cinco de Mayo celebration, allow students to bring Mexican flags, but prohibit students from displaying the American flag? Would this result in viewpoint discrimination?
Would you cancel plans to celebrate Cinco de Mayo?
Would you ban all national flags?
What would you advise?
Now, consider the Ninth Circuit's opinion.
Do you agree that the censorship of the American flag was permissible under Tinker because the school had a reasonable concern that the American flag shirts might result in violence and disption of school activities?
Does this result in permitting a hecklers' veto, in which one group of students, by threatening violence, can silence another group of students who wish to engage in silent political expression?
But again, what should school officials do when dealing with problems such as this?
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