The DISH
"Unbossed and unbought news and information you can use"
Volume 7 Issue 8…Dedicated to the Dialogue on Race…February 27, 2004
Tinkers' Free Speech (February 24, 1969)
In the Supreme Court case Tinker et al. v. Des Moines Independent Community School District, et al., petitioners, John F. Tinker, 15 years old, his younger siblings and Christopher Eckhardt, 16 years old, wore black armbands to school at the end of 1965 as a non-violent protest of the government's policy during the Vietnam War. On learning of the planned protest, school officials adopted a regulation banning the wearing of armbands. Students that wore armbands were suspended for violating the hastily adopted policy. As minors, petitioners' fathers filed suit in United States District Court seeking nominal damages and an injunction against the school regulation.
While the District Court recognized that wearing an armband for the purpose of expressing certain views is the type of symbolic act that is within the First Amendment Free Speech Clause, it dismissed the complaint. The District Court ruled the school ban against armbands fell within the school board's power, despite the absence of any finding of substantive interference with the conduct of school activities or infringement on the rights of others. It concluded the action of the school authorities was reasonable because it was based on "a fear of a disturbance from the wearing of the armbands." On appeal, a full Eight Circuit heard the case and affirmed the lower court's decision.
Argued before the Supreme Court on November 12, 1968, the Court handed down its ruling in the Tinkers' free speech case on February 24, 1969. The petitioners argued their conduct, wearing black armbands in protest, fell within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment.
Justice Abe Fortas (1910-1982) wrote the majority opinion. Justice Fortas reasoned that "First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Justice Fortas cited a number of opinions over nearly a fifty-year period in which the Court unequivocally held this view. Among those cases, West Virginia v. Barnette, supra, the Court held public school students may not be compelled to salute the flag as an expression of free speech under the First Amendment.
Furthermore, the majority opinion dismissed the lower court's conclusion that the school authorities' action was reasonable because it was based on fear of a disturbance. Citing Terminiello v. Chicago (1949), Justice Fortas declared, "in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression." The Court's opinion reaffirmed the constitutional guarantee of free speech and its expression as "the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society."
While the Court gave no guidance as to the form of relief to be granted petitioners, it reversed the lower court's decision. (Sources: www.bc.edu/free_speech and http://www.geocities.com/hardingpj/uniformslegal.html
As you know, the Dark Knight-Batman/White Ninja/Zorro was placed on a video game restriction until his grades substantially improved. Committed to playing his games again, he worked hard. Lo and behold, this six-weeks' report shows he made the honor roll. The Dark One/Ninja/Zorro rushed home from school, danced a jig in jubilation and demanded, "Now grandma, restore those privileges!"
Controversial Dress Code
The Supreme Court in Tinker et al. (1969) ruled wearing black armbands to protest the government's Vietnam War policy was constitutionally protected free speech with a caveat. "School officials can regulate students' expression to preserve an orderly school environment and to prevent disruption of class work."
In Phillips v. Anderson County School District Five (1996), a Lakeside Middle School student alleged his suspensions for wearing a Confederate flag jacket violated his right of free expression. Racial tension and a number of disruptive incidents involving James Phillips and other students wearing rebel flag apparel led to the South Carolina School District's adoption of a dress code banning controversial attire. Phillips' jacket, which prominently displayed the Confederate battle emblem, fit the dress code restriction. After repeated warnings from school officials not to wear the jacket, Phillips received several three to five-day school suspensions.
Asked why he wore the Confederate flag jacket, Phillips said he disliked black people, a sentiment apparently nurtured at home and fostered by the larger community. Court testimony showed Phillips' stepfather told him to wear the jacket. The stepfather called the local press to highlight the incident of his stepson's insubordination and several subsequent suspensions.
Citing Tinker v. Des Moines Independent Community School District (1969), Bethel School District No. 403 v. Fraser (1986), and Hazelwood School District v. Kuhlmeier (1988), the Federal District Court judge ruled that Phillips' Confederate flag jacket violated student dress policy. School law advocates have noted that the Lakeside ruling does not give school officials a license to ban controversial attire. (See www.geocities.com/hardingpj/uniformslegal.html)
Indeed, in some southern schools with a history of racial tension, the Confederate battle emblem litters the educational landscape. Displaying the rebel flag on everything from books to bumpers does not violate school policy, even when accompanied by racial slurs and slogans. Transplanted Pennsylvanian Krista Abram, age 16, recently discovered in her Tarpon Springs, Florida school that this and more overt racism on the part of Confederate flag advocates elicit no response from teachers and other school officials.
Taking action, Abram created a flier denouncing the use of the rebel flag and circulated a petition urging its ban from the school campus. For distributing the flier on school property without authorization, she received a 10-day suspension. School officials claimed circulating the flier was becoming disruptive, while ignoring the flag controversy and petition. Abram has vowed to continue her campaign to ban the controversial symbol. (Contact Steven Isbitts at sisbitts@tampatrib.com for more. Read his article, "Girl Suspended After Protest Over Rebel Flag," at www.tampatribune.com)
Will they ever return?
By Rodney Coates
Soul thieves running through the hood,
Stealing lives, dreams, hopes, and poisoning
All for greed power and lure.
Why have so many elders lied?
Secret plans, deals made in the middle
Of their passage from birth to youth,
Brilliance broken by 10-cent rocks.
Why have so many mothers cried?
Fifty-cent whores, quarter pimps, jack-legged
Wimps in slick suits, store bought trinkets
Displaces moral fiber
Why have so many young men gone?
Forty ounces, cheap wine, vomit and blood
Lines potholed streets, guarded the paths
Where futures are denied.
Why have so many young girls fled?
Storm clouds billow along the skies,
Candles continually memorialize the dead,
Mindless rhapsodies played in empty tombs.
When will the warriors return,
Will they ever - Return?
About Me: Rodney Coates' current project is all about expression of love and peace. According to this gifted artist, "If we are to combat the insanity of our world, we need to explore love, self, and each other. Join me in this exploration. When love reigns supreme, then we will see the beauty of our existence!" You can check out his work at www.ulbobo.com/umoja/index.html.
By John Burl Smith
A notice from Clifton Elementary School in DeKalb County, Georgia confirmed that Superintendent Johnny E. Brown's "No Child Left Behind" local program "Dress for Success" violates the US Constitution. This notice warned, "we are tightening up on the 'dress for success' policy." Brown claims, "it reduces disciplinary problems, improves student security, morale and scholastic performance, while reducing competition and the cost for dress wear." Sliding down this slippery slope to the denial of constitutional rights, no research was presented to show that students' dress affects any of these factors. Although parents were told they could opt-out, like school prayer, this notice enforces the demand that students wear school uniforms.
"Dress for success" will not lift Georgia off the bottom of national academic achievement nor enhance DeKalb County's ability to educate children. "Dress for success" seeks to direct maturation and control student social development. Such controls limit public school students' competitiveness with private schools students. This non-competitive approach goes against US capitalism and individualism.
Many children feel stressed by rule changes made more difficult by adult hypocrisy. Educators worth their salt know, "uncontrollable stress reduces learning." Dress code violations create unnecessary stress for students and parents forced to suppress individuality in order to conform to an arbitrary and capricious standard.
Unlike its "dress for success" efforts, DeKalb County has failed to show a similar level of commitment to provide the academic tools necessary for "scholastic success." Brown's approach to educating children shows an astonishing lack of concern for choice, which is fundamental to the Constitution's guarantee of freedom and equal protection.
"Dress for success" conflicts with core constitutional values by denying parents and care-givers the choice to spend their disposable income as they please and the freedom to select multi-purpose garments that can be worn in various settings. A premium in poorer households, "dress for success" eliminates these economical options. Running counter to the Constitution's pledge to protect minorities from tyranny by a majority, even if parents or caregivers opt-out, this notice requires obedience. Emblematic of such policies as banning head scarves in French schools or demands by Islamic fundamentalists that women wear burkas and veils, "dress for success" denies its victims their individual humanity.
"Works in progress," public school students should be provided with the broadest educational base possible so that they are competitive with children trained in private schools. Rather than blaming slavery, segregation and institutionalized racism for the results of historical educational inequities, programs like "dress for success" blame the clothes black children wear. This logic denies blacks were held back, while whites were pushed ahead with unrestricted access to education and opportunities. The problem is what black children are not taught in school, not what they wear to school.
Enforcing a 'dress for success' "beauty shop" mentality, schools teach students that conforming to how others think you should look brings success, rather than what you know. Obfuscating the impact of slavery, segregation and institutionalized racism on black children to let whites off the hook by blaming current inequities and lack of success on the way blacks dress is ridiculous. Conversely, going back to reinforcing superficiality and mediocrity by teaching children to judge people by how they dress or look rather than their character is tragic.
Super Tuesday: Georgia Style
On Tuesday March 2, 2004, Georgia voters, along with those in nine other states, will cast ballots for candidates vying for the Democratic Party's presidential nomination. As pundits prognosticate, with more than a thousand delegates at stake, the winner on Super Tuesday will likely represent the party in November. In 2004, every vote counts. Be a responsible citizen! Vote and take a buddy to the polls with you.
In addition to selecting a Democratic Party presidential nominee, Georgians will also vote on a state flag referendum. Voters will decide between the current "non-controversial" banner and the 2002 flag with its scaled down Confederate battle emblem. The controversial 1956 flag, which was adopted as a symbol of the state's opposition to the Supreme Court's decision in Brown v. Board of Education (1954), is not on the referendum. Confederate flag supporters have vowed, "It is not over." Like the Civil War, the battle over racial equality continues. Exercise your franchise March 2nd.
The Q&A with Yohannes Sharriff continues. Why do you take part in risky projects produced by unknowns, like The Dance of Fatherhood? "I was smitten by two beautiful black women. Na na, just kidding! Most def Mimi Williams and Janean Hightower are two very talented and beautiful sisters, however, my true love is the stage! So, I work with people that work with me. Starting where I did, community theater was a very viable option for a number of reasons. First, I needed experience, exposure and confidence. Spoken word showed me infinite possibilities for time and those qualities to shape the artist I dream of becoming.
Second, committed to using my talents to advance black people, I support The DISH's 'Buddy Voting Plan." When I perform or talk with people, especially young sisters and brothers, I stress voting. Too many of my people died fighting to secure this right. If the hip hop generation gives it up, we go backwards. We must be determined not to do as baby boomers and flower children that talked of liberating America, but shut the door as soon as they passed through.
Lastly, the 3/5 Compromise controls the arts and entertainment in America. Only a few blacks are allowed in, so people like me must make their opportunities. The Dance of Fatherhood is just such a project. Black artists, directors, producers and promoters must collaborate to create opportunities for everybody. We cannot wait to be given opportunities. We must kick doors down, if necessary. This attitude created hip hop/spoken word. It is all about acquiring, maintaining and utilizing power at your present level, then taking it to the next. This is why my experience in community theater, voter education, commitment to advancement and level of exposure give me confidence The Dance of Fatherhood is not a risk but a big plus for all involved."
Disgruntled says:
Personally, with all the hype from blacks advocating a boycott because a black should have been cast in the role of Jesus and Jews whining because they believe viewers will blame them for his crucifixion, "The Passion of the Christ" is sure to be a box office sensation. It is too bad in all the hoopla Jesus' message of love, forgiveness and redemption will not translate from Aramaic to English and melt the icy hearts of today's "Christians" that support wars of aggression, capital punishment and policies that suck the lifeblood from the poor and helpless to enrich the wealthy.
Disgruntled feels:
On message! The Bush/Rove bag of coded messages and dirty tricks were unleashed on Senator John McCain in South Carolina in 2000. A quick trip to Bob Jones University, a promise to appoint strict construction judges to the court and a salute to the Confederate flag was all it took to solidify his Republican base. Recently, he paid homage to speed and Hemmie engines at Daytona, where Confederate flags graced the backdrop that sent a special message to NASCAR dads and southern folks. On message, the uniter's divisive code is expected to work again. Unfortunately, heeding the unintended message of speed, teens, other NASCAR imitators and their victims will become part of Hemmie pileups on US roads and highways.
Double-Cross: GOP Crossover Voting
Following the 2002 mid-term Democratic primary elections, a group of DeKalb County voters filed a federal lawsuit alleging Republican crossover voters took advantage of Georgia's open primaries to defeat the incumbent, U.S. Representative Cynthia McKinney. Apparently, McKinney's pro-Palestinian stance and position on other issues made her unpopular with white Democrats, the GOP and the Jewish lobby.
Oral arguments on the crossover litigation will be heard on March 10, 2004. The DeKalb County litigants and their lawyers are asking all concerned voters and interested parties to pack the courtroom. Oral arguments will run approximately thirty minutes.
The 9:00 AM hearing will take place in the Federal Courthouse located at 56 Forsyth Street, NW, Atlanta, Georgia. Since parking is limited, MARTA is recommended. Crossover voting is just one more way to render black votes meaningless.
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