Academia, Constitutional Law, Free Speech, Society

New Jersey Student Suspended For Confederate Flag On Truck

3434786_GI recently wrote about the declining free speech rights of students in the United States. There is another such case out of New Jersey this week where Gregory Vied, 17, has been suspended for refusing to remove a Confederate flag on his truck. In my view, it is a clear violation of free speech and an abuse of the rights of this student to express his views and associations by the administrators of Steinert High School in Hamilton Township.

After the American Civil Liberties Union intervened, the school reduced the original suspension of three days to one day. That hardly resolves the matter. The school is still punishing a student for a symbol on his truck outside of the school in the parking lot.

Vied insists that the flag is not meant to reflect racism but Southern pride. (His connection to his family’s Southern roots might be a tad stronger if the flag did not have “REDNECK” written across it, though it does reflect a group identity). Regardless of the message, it is clearly protected speech and shows the degree to which school officials are not imposing their own views on students — and teaching conformity to these future citizens. The decision is part of a growing line of cases granting sweeping deference to school officials and curtailing the free speech rights of students. I have long disagreed with that trend. In Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), the Supreme Court supported the first amendment rights of Iowa residents John F. Tinker (15 years old), John’s younger sister Mary Beth Tinker (13 years old), and their friend Christopher Eckhardt (16 years old) in wearing black armbands in protest of the Vietnam War. In his majority decision, Justice Abe Fortas held that “undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.” In a statement would would seem to fit this case, Fortas found that “the record does not demonstrate any facts which might reasonably lead school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred.” Since Tinker, the Supreme Court has steadily limited the speech rights of students as in the ruling in the “Bong Hits For Jesus” case.

If this flag is banned, how about Free Tibet stickers or Black Pride signs or NRA stickers? We have seen schools cracking down on any bumper stickers viewed offensive but there is a decidedly ambiguous standard for such decisions. We have also seen tee-shirts with NRA symbols and American flags banned by schools. Given their school symbol, the Spartans, I wonder what would happen if students began to show images from Sparta where the helots were treated as sub-humans.

Putting aside the constitutional concerns, why shouldn’t students be encouraged to engage in such speech and associations? Many kids are entirely unconnected today and uninterested in public causes or speech. Rather than teaching about the marketplace of ideas, schools are teaching conformity and authoritarian caprice.

The Southern flag is clearly insulting to many people due to its historical associations. However, it is also a simple of Southern heritage and sacrifice. Robert E. Lee himself identified with the flag while rejoicing in the end of slavery. He stated:

In this enlightened age, there are few I believe, but what will acknowledge, that slavery as an institution, is a moral & political evil in any Country.

So far from engaging in a war to perpetuate slavery, I am rejoiced that slavery is abolished. I believe it will be greatly for the interests of the South. So fully am I satisfied of this, as regards Virginia especially, that I would cheerfully have lost all I have lost by the war, and have suffered all I have suffered, to have this object attained.

This is not to say that I am not sympathetic to those objecting to the symbol but I believe that the image of free speech being curtailed in this way is far more disturbing.

144 thoughts on “New Jersey Student Suspended For Confederate Flag On Truck”

  4. PS leave university’s out of the discussion….. Unless you’re trying to confuse issues again…..

  5. Paul,

    I have a background in education. I speak from more than thirty years of teaching experience. I worked as an elementary classroom teacher (31 years), as an elementary school librarian (3 years), and as an adjunct instructor at the Boston University School of Education (6 years).

  6. Actually PS, they actually did give some slaves 40 acres and a mule…. Andrew Johnson was practically lynched…. He was harsher than lincoln was probably going to be…. When Grant was elected…. He reversed that decision….. But could not reverse the seizure of Robert E Lees property which is now Arlington cemetery….. So appointed him head of Washington Lee university as I recall…. Lifetime I think …..

  9. It’d surprise you what my backgrounds is PS…. And yes I do….

  10. PS so why isn’t the chancellor of public schools compensated in the same fashion as the private/charter that claim poverty…..

  11. AY – do you have a background in education? I speak from experience. What do you speak from?

  12. Plus read the entire 14 amendment which prevented compensation to the slave holding states in insurrection….

  13. Elaine – you do realize the cost of living in NYC is higher than most places in the country. 🙂

  14. PS, BS meter running….. In some education speak the terms are used interchangeable….. Like Nick and Mo Ron….. That political speak for Ronnnie Wilson Regean……

  15. Paul,

    I don’t care about “eduspeak.” I care about students getting the educational services they need–whether it be in alternative programs, a special needs resource room, or in a regular classroom with a program adapted to meet their individual needs.

    We had all manner of special needs students mainstreamed at my school–students with Down Syndrome, cerebral palsy, autism, behavioral issues, Dyslexia, other reading and learning difficulties, severe emotional issues, pdd, etc. Our school and faculty did an excellent job of addressing the needs of these students. There were a few occasions in my years there when students required outside placements in alternative programs. The school system paid for their placements outside the district.

  16. Byron – sadly you can own people and you can force them to work for free. Slavery still exists.

  17. Elaine,

    I remember when Betsy DeVos bankrolled candidates that supported vouchers…… Even though it had been a ballot measure soundly defeated…. She got enough elected and then heritage academy opened up all around…. Initially they had to be a charter if a university…. Limited in number but that’s gone now….. They are unlimited….

  19. PS:

    “the former slaveholders were financially destitute.”

    So what? They got what they deserved, you cant own people, you cant force people to work for free, you arent entitled to the unearned.

  20. Elaine – in eduspeak “alternative education” and “special needs” are two very different things.

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