Missouri student loses driving rights for flying Confederate flag

[onenote]

70. It makes sense, but it doesn't really hold up to analysis

His having a flag on his car in a school parking lot is no more or less "silent" than the wearing of an armband. Both are overt acts. Moreover, since the flag on the car isn't a constant presence within the classroom setting, one could argue that its less disruptive. As for the distinguishing the two based on the content of the speech -- well that's exactly what makes it a First Amendment issue. The state (as represented by the public school system) shouldn't be making distinctions based on content.

I should add that if a challenge to the school's action found its way to the Supreme Court, I'm fairly certain that the Court would side with the school, just as they did in the "Bong Hits for Jesus" case. But like a lot of folks, I think that 5-4 decision was wrong and over the course of time a less reactionary court will restore a greater level of free speech rights to students. As it stands now, the Tinker case (Vietnam armband) almost certainly would have come out differently under this particular court.