Two high school students at St. Anthony’s High School in Long Island have been suspended indefinitely after they walked into an after-hours sporting event wearing a Confederate flag draped over their shoulders. We recently discussed another suspension of a student involving a Confederate flag. I have the same free speech concerns in this case. The question is whether other flags would also be confiscated and the student suspended in my view. While I can certainly understand how this flag represents racism for many, others view the flag as a symbol of Southern heritage and heroism. I often see them in Virginia and recoil a bit due to the association with slavery. However, my concern is where the school is drawing the line on speech.
Brother Gary Cregan, principal of St. Anthony’s High School in South Huntington, stated that “[t]he African-American students who immediately saw it really exercised heroic restraint and fortunately a teacher immediately confiscated the flag and took the students out of the gym.” They were initially suspended for 10 days and will now be barred from returning. Cregan explained to the parents that the flag is a symbol “designed to revive past injustices or to inflame discrimination or racial intolerance, [and] is completely unacceptable and profoundly offensive.” Cregan rejected any claims that the flag represents Southern history or heritage: “I find it just very hard to even imagine why any student in 2014 would even consider or think that a Confederate flag would be anything other than a symbol of hate.” Other students supported the school and said that what matters is that some people are offended by the flag.
I find Cregan’s motives laudable and I also believe that the other students should be commended for showing restraint. However, I am unclear as to the rule applied in this case? Would the school have reacted the same way with a Soviet flag or a Chinese flag or other flags that are viewed any many to represent oppressive histories? How about a rainbow flag viewed immoral by some or an Israeli or Palestinian flag that would inflame contemporary passions? I can understand a ban on any flags or posters at sporting events, but the selection of some symbols raises question of content-based censorship. The flag clearly (and understandably) represents slavery and racism to many. However, it also represents different things to different people. Respected scholars like Civil War historian Shelby Foote have noted that the flag traditionally represented the South’s resistance to Northern political dominance. As discussing in PBS interview, he was sensitive to how many of his friends viewed it as a symbol of racism but he did not share that view. Others view it as a symbol of state’s rights or Southern culture or opposition to speech codes or politically correct sentiments. The point is that, if some flags are allowed, there are a variety of symbols that are viewed as offensive by different groups.
The school is not a state school and thus not subject to the limitation of the First Amendment. Yet, that does not mean that it should engage in arbitrary limitations on speech. I went to the website and I could not find any published rules of conduct. The question is whether there is a rule addressing after-hours events. If the rule is not clear, the question is whether it should be made more explicit as to any and all such symbols — and whether it is fair to suspend the students indefinitely. Teenagers do stupid things and I would not be surprised if this was an effort to get a rise out of everyone. However, in the official statement below, the school does not quote or cite the rule used against the students.
What also concerns me is the reference to punish two students who “blatantly disregarded the principal’s request to discontinue the use of social media to inflame discrimination in the school community by displaying an inappropriate picture and comment.” The school simply states that “These students have been appropriately acted upon.” I fail to see why a school should attempt to censor or block students in discussing this controversy — and disagreeing with the school’s actions. Even if you are comfortable with suspending the boys with the flag, these students appear to be engaging in pure debate over the merits of the rule and the response of the school. The school states “As a Catholic and Franciscan school, Saint Anthony’s will always demand acceptance and respect for all races, religions and cultures.” However, the school should also demand tolerance for different views and the protection of free speech for both its students and faculty. Ordering students not to discuss a controversy (and perhaps not challenging the school’s actions) will do little to quell the controversy. What it will do is to force the debate into the shadows will it will fester and deepen. Declaring “thou shalt not disagree” will not produce agreement — only forced silence. [There are reports that two students may have worn black face in messages on the social media. While there remains the issue of the regulation of after-hours, out-of-school communications, that is obviously a very disturbing matter. However, the general order not to discuss the controversy on social media on the issue remains highly problematic.]
The Confederate flag has not been treated in the federal courts as a form of hate speech and continues to appear in a wide variety of public locations and private displays. Ironically, for some of those students on social media, this controversy may make the flag a symbol of self-expression or resisting compelled speech codes.
What do you think? Was indefinite suspension and the bar on social media discussions warranted in this case?
DATE: April 16, 2014
RE: Confederate flag incident
From: Brother Gary Cregan, OSF, principal,
Saint Anthony’s High School, Huntington, NY
On the evening of Wednesday, April 9, 2014 at Saint Anthony’s High School, Huntington, NY, during a supervised intramural European Handball game with multiple teams, a small number of students displayed a symbol of hate – the Confederate Flag. Upon entering the gym, the flag was confiscated by faculty moderators, and the students were told to leave the property.The two individuals who were responsible for bringing the flag to school, and for wearing it into the gym, were immediately given a long term suspension the next day. After further discussion and consultation, it became necessary to impose additional disciplinary action. In addition, two other students blatantly disregarded the principal’s request to discontinue the use of social media to inflame discrimination in the school community by displaying an inappropriate picture and comment. These students have been appropriately acted upon.
Saint Anthony’s is committed to addressing the issue of racial intolerance with faculty, students and parents through education, awareness and dialogue in an ongoing basis. The use of any symbol, either historic or current, which carries a meaning designed to revive past injustices, or to inflame discrimination or racial intolerance is completely unacceptable and profoundly offensive. As a Catholic and Franciscan school, Saint Anthony’s will always demand acceptance and respect for all races, religions and cultures.
# # #
Contact:
Christina Buehler
Director of Communications
E-mail: cbuehler@stanthonyshs.org
Source: CBS
Karen,
you keep coming back to an underlying theme that some workers are not working very hard or well. Fire them and hire someone who will do the job well and get their on time.
Employees around the country receiving more money will spend that money in the economy, helping all business. Once again, minimum wage is not the starting rung on the ladder for millions. For millions of people it is what their full time job is paying and they can’t earn enough to live and pay their bills and end up costing us all money in social services.
It does surprise me when conservatives use CBO figures when they won’t accept CBO figures when it states Obamacare will reduce our debt and save us billions on health care expenses.
AY,
While some days I feel like a “relic”, I have a few years left…God willing! 🙂
rafflaw – here is an article on the cbo and obamacare
http://news.investors.com/ibd-editorials-obama-care/041514-697265-the-cbo-report-is-wrong-about-obamacare-webhed-the-cbo-gets-it-very-wrong-on-obamacare.htm
Which choice should small business owners choose in order to give everyone a raise – layoff employees and make the remaining work harder, raise prices on customers, or take a pay cut themselves?
Rafflaw: “well paid employees work more efficiently.” Where is your proof that a raise makes a worker do more output than he did previously?
rafflaw – my claim is based on the signs in the windows of the fast food places looking for unskilled labor.
Business owners in my family promote from within.
Hi Rafflaw:
What do you think about the CBO study indicating this will cost 500,000 jobs and hurt businesses? The part-time job was an example.
“Shouldn’t everyone who works 40 hours be able to live above poverty?” Should a paper delivery route support a family of 5 in a middle class lifestyle? Should picking up horse manure? A baby-sitter? You could cobble together 40 hours a week in any combination of those jobs. How many middle class people pay people in those jobs?
I understand you are not talking about my husband’s business alone. I am not talking about only my husband’s business either. We are typical small business owners.
Again, which choice do you think is best for small business owners to give wage increases to everyone, regardless of how well they do their job? Please can someone answer this math question?
First of all Paul,
Arizona is not a model for the country. Secondly, Yes some labor costs are passed on to the customer, but well paid employees work more efficiently. Once again where are you getting your claim that entry level workers are paid $1.00 more than minimum wage in Arizona during low unemployment times? The reason you pay more and provide a living wage is that those people spend most of what they earn in the economy. Finally, shouldn’t everyone who works 40 hours be able to live above poverty? WWJD?
Karen,
We are not talking about part time jobs here. We are talking about people working full time and we are talking about the entire economy, not your husbands business alone.
Rafflaw – which choice should small business owners choose in order to give all of their employees raises?
It’s true that a business is out to make money just like we all took jobs to make money.
Minimum wage is the first rung on the ladder for unskilled workers. This rotten economy has forced many who lost their jobs to take lower level jobs. It’s been rough. The answer is not to cost more people their jobs, as the CBO has predicted. The answer is to create more jobs. What creates jobs? Business expansion. Government can only increase government jobs, but they are paid for on the backs of taxpayers.
AY – you’re not a “relic”. Don’t be silly. I want to hear Rafflaw’s and your point of view on which choice you think is best in order to give wage earners everywhere a large raise, regardless of how well they do their jobs. I am sincere.
Paul,
Since at least the recession started, if not earlier, minimum wage jobs are not just entry level jobs. Flipping burgers at Macs is a profession for many. The job of McDonalds is not to take unskilled workers and give them skills. It’s job is to make money at all costs. And if the lawsuits filed recently are any clue, Mac’s job may be to withhold earned wages from employees.
rafflaw – although there have been lawsuit aplent, as we both know anyone with $125 (the cost to file in Arizona) can file suit. As an attorney friend used to tell me, if you gave the clerk of the court $125 he would file your hat.
Like many franchises, some franchisees are better than others. I do not think withholding earned wages is part of the corporate model, but training unskilled labor is. A classmate of mine owned three franchisees in southern Oregon and explained his hiring and training methodology (put forward from the corporate office) to me. It really was fascinating.
BTW, how about those lawsuits regarding unpaid legal internships. Or the underpaid document reviewers, some even paying less than minimum wage?
Would you be more willing to give a kid a broom and a part-time job at $7.25 an hour or $10 an hour?
rafflaw – also part of the corporate model is the scarcity of labor resources. When unemployment was really low, entry level paid roughly $1/hr more than minimum wage in Arizona because of the competition for a scarce labor force. Now labor is at a surplus, ideally 5 unemployment is considered optimal, so why pay more than you have to. You can pass the savings on to the customer. Increased labor costs will certainly be passed on to the customer.
Rafflaw:
Please review this non-partisan CBO study indicating that raising minimum wage would cost 500,000 jobs and hurt small businesses:
http://www.nfib.com/article/raising-the-federal-minimum-wage-240/
We are small business owners, and we are in a similar position as the example in the article. This can be reduced to a math problem.
There is already a way to give raises to minimum wage earners:
http://www.heritage.org/research/reports/2014/01/most-minimum-wage-jobs-lead-to-better-paying-opportunities
Folks you in case you haven’t figured out I’m a relic and so is raff …. We have been here longer than most….. If you notice raff is quite good at not responding to known errant ones… Just so you know…. The professor is in charge of the blog… Not nick…..
Karen,
your response suggests that many of his employees don’t work as hard as the boss. Of course, that is not borne out by the facts. Are you suggesting that if your husband is not making 400 to 500 times what his employees are making, CEO’s at thousands of companies are not? As a sidelight, If you husband has employees that are not coming to work as scheduled, why isn’t he firing them and hiring people who will work as scheduled? A bad employee is a bad employee at any salary.
Nick – you’re right. Small and large businesses are different animals.
Hi Rafflaw:
I am against Golden Parachutes and board members looting publicly held companies. Not sure yet what I think is the best way to do that.
Your article said that increasing minimum wage leads to business success. I have to question the study parameters. How, exactly, are we small business owners supposed to do that? Again, we have the same options I’ve stated before: lay other employees off, raise prices on customers, or make less (in our case we would be taking all the risk of owning the company but making less than our employees). There ARE no other options for us. We are in a highly competitive industry. There is NO way we could compete raising prices unless everyone else raised theirs and chose not to layoff.
Rafflaw – which option would you choose to increase wages for everyone?
Karen, I am only speaking for myself, but comparing a small biz to a major corporation is apples and oranges. Big biz gets all types of perks from the govt. because they bribe..err, lobby. So, I dismiss comparisons out of hand.
Since I was an employer of numerous folks….. I always paid better than minimum wage…. In my opinion it should just be a starter wage and increase after that…. So I’m probably not a good person to ask….