General Discussion
In reply to the discussion: Missouri student loses driving rights for flying Confederate flag [View all]Students do have 1st amendment rights, but the expression of those rights cannot interfere with the running of the school. That long predates Scalia and the rest. I say there's no first amendment issue because it's not implicated in a serious way. The kid is not allowed to fly the flag in one venue for the purpose of maintaining order in the school. I know I'm not technically correct in saying no first amendment issue, but it doesn't weigh heavily enough against the purpose of the school.
I don't view this as an ideological issue, but as a practical one. The kids in the 60s with the black armbands were silently expressing disapproval over a contentious issue of the day. Their stance carried emotional weight, but nothing on the order of the Stars and Bars. I see a clear distinction between that silent disapproval (ugh, I sound like Nixon with that phrase) and the overt message of discord signified by that damn flag. Hope that makes sense.