Court hears SC Confederate clothing case

Wednesday, Oct. 27, 2010 6:06 AM
Last updated 2:05 PM
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RICHMOND, Va. — A former South Carolina student who was not allowed to wear Confederate-themed clothing to school has asked a federal appeals court to reinstate her lawsuit challenging the ban.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond heard arguments Wednesday in the case of Candice Hardwick. She claims the Latta School District violated her free-speech rights by prohibiting her from wearing shirts depicting the Confederate battle flag.

A federal judge last year dismissed a lawsuit filed by Hardwick in 2006 when she was a 15-year-old high school sophomore. The judge ruled that officials acted reasonably to prevent conflict in the racially diverse schools.

The appeals court typically takes several weeks to rule.

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RoadkiII
6596
Points
RoadkiII 10/27/10 - 08:21 am
0
0
The schools need to ban

The schools need to ban clothing with the American flag also. It was the only flag to fly over ALL states with slaves. Being proud of your heritage seems to be just fine, as long as it isn't southern.

Dionysus
0
Points
Dionysus 10/27/10 - 08:32 am
0
0
The US Flag Code already

The US Flag Code already prohibits wearing the American Flag as a clothing item.

justus4
101
Points
justus4 10/27/10 - 08:49 am
0
0
The proper ruling has already
Unpublished

The proper ruling has already happened and the school district exercised sound judgement. The image of a Confederate {anything} with such historical atrocities and such an offense to people of color, to maintain good order is to keep student's safe. It is a provocation and have no place in schools, unless of course U got a hidden agenda.

airbud7
1
Points
airbud7 10/27/10 - 08:54 am
0
0
Can you imagine the eggshells

Can you imagine the eggshells students must walk on to avoid violating this policy? Think how circumspect you would be in your daily interactions if you could be punished simply for hurting someone’s feelings.

confederatelady319
0
Points
confederatelady319 10/27/10 - 09:01 am
0
0
Just letting you know several

Just letting you know several schools have had there ruling over turned and the students get to wear there confederate symbols.Justus4 its called free speech.People are waking up to the PC bull crap.

seabeau
33
Points
seabeau 10/27/10 - 09:24 am
0
0
justus4. Historial

justus4. Historial atrocities indeed! The offences against people of color by the south prior to 1860 pale in comparision to the atrocities committed by people of color against themselves and others ,north and south in the years since.

jrbfromga
433
Points
jrbfromga 10/27/10 - 09:35 am
0
0
Justus4, at least I can say
Unpublished

Justus4, at least I can say that you don't have a hidden agenda. Your agenda is open and wrong, continuing to sow the seeds of discontent over your mostly imagined indignance.

Dixieman
15059
Points
Dixieman 10/27/10 - 09:53 am
0
0
So...if I get upset at what

So...if I get upset at what is on your clothing, I have the right to force you not to wear it? Interesting interpretation of our Constitution.

TK3
562
Points
TK3 10/27/10 - 09:57 am
0
0
Rebel flag stands for States

Rebel flag stands for States Rights in most eyes except for some black groups (NAACP) who oppose those rights and thus attack the flag by trying to attach a racial hate label to it. Yes the KKK has tried to associate race with it also but the flag was, and never will be, about race'.

walrus4ever
354
Points
walrus4ever 10/27/10 - 10:07 am
0
0
If the Flag code bans the US

If the Flag code bans the US flag from clothing lets get it off military and civilian govt clothing.

TK3
562
Points
TK3 10/27/10 - 10:09 am
0
0
Agree or not, the Sp Ct has

Agree or not, the Sp Ct has already ruled under the 1st Amendment you can do what you want with the U.S. flag (I assume that means any flag) and that includes wearing, burning, defacing or whatever.

Jorja-Lina
3
Points
Jorja-Lina 10/27/10 - 11:11 am
0
0
Which is more racist, the

Which is more racist, the Dixie flag, or sagging pants, and that loud noise some people call music?

RoadkiII
6596
Points
RoadkiII 10/27/10 - 11:29 am
0
0
Sorry, race has nothing to do

Sorry, race has nothing to do with sagging pants and so called music. All races dress like that and listen the the so called music. Try again.

Jorja-Lina
3
Points
Jorja-Lina 10/27/10 - 11:35 am
0
0
Roadkill, what is racist

Roadkill, what is racist about the Dixie flag?

SnidleyWhiplash
2
Points
SnidleyWhiplash 10/27/10 - 11:57 am
0
0
What is truly sad is that we

What is truly sad is that we are even having this discussion in this day and age. The rebel flag needs to be consigned to the annals of history - where it belongs - not on someone's t-shirt. We were a British colony well before we were the U.S.A. - where are all the Union Jacks?? Or how about the flag of France, since the area was under French control for a time? I want my fleur-de-lis shirt!

Jorja-Lina
3
Points
Jorja-Lina 10/27/10 - 12:08 pm
0
0
In the history books, there

In the history books, there were slaves of all races, and nationalities. Read for yourselves. Slavery was not based on the black race. The ancestors of many Americans were slaves or bonded slaves. The pyramids were built by slave labor also. Where exactly does racism really belong? It seems to reside in freedom of speech.

ron_rlw
1
Points
ron_rlw 10/27/10 - 12:11 pm
0
0
Snidley ... interesting

Snidley ... interesting comparison ... however my pearcher wears a tie pin with a "Union Jack" on it. Should we take him to court also or does his green card protect him?

While the schools have a duty to maintain an atmosphere that learning can take place in, they also have a duty to both sides of any issue. Removing our rights under the 1st Amendment should not be taken lightly.

What about teaching the kids that in the real world we don't always get everything we want and we still have tolerate those with different opinions or even different action or clothes?

SnidleyWhiplash
2
Points
SnidleyWhiplash 10/27/10 - 12:22 pm
0
0
I agree with you ron - my

I agree with you ron - my point was that arguing over a flag that, in this day and age, should be consigned to the history books, is ludicrous.

ron_rlw
1
Points
ron_rlw 10/27/10 - 12:49 pm
0
0
Snidley - Ok ... I

Snidley - Ok ... I missunderstood your point. Your right ... this flag and many other symbols folks use as designs on T-shirts are just that designs and shouldn't be the topic of any great debate. As far as the flag being a racist symbol as used on a T-shirt that would depend entirely on the opinion of the one who is wearing the T-shirt ... not on anyone else.

Folks want eveyone to tolerant them ... but at the same time won't tolerant things they don't like.

Hatfield0278
1
Points
Hatfield0278 10/27/10 - 01:16 pm
0
0
I think all the kids in

I think all the kids in public school should have to wear uniforms. It's like DJ Jazzy Jeff & The Fresh Prince said, "You go to school to learn, not for a fashion show."

usafveteran
32
Points
usafveteran 10/27/10 - 02:00 pm
0
0
Nothing ever occurred under

Nothing ever occurred under the Confederate flag that did not also occur under the Stars and Stripes! The Confederate flag has always been a time honored symbol of the South and it will continue to be flown by Southerners in honor of their homeland. Moreover, I am amazed at the number of people who demand that we "celebrate diversity" and would then deny others the freedom to wear what they choose especially if it a symbol of their culture, history and heritage. I wonder if they would deny other cultures and people the same right? What hypocrisy!

seabeau
33
Points
seabeau 10/27/10 - 02:08 pm
0
0
Snidley: Its not the flag,its

Snidley: Its not the flag,its what it represents , its about the debate that continues to this very near election. The Battle Flag represents to those who hold it dear, as the basic of freedom. The ability of a people to resist to the very end a burdensome and overbearing federal gov. which acts in spite of the Constitutions limits of power of that gov. Remember what John Wilkes Booth shouted to the crowd after he shot the president," May it always be thus to tyrants". How true!!

ReformedRepub
0
Points
ReformedRepub 10/27/10 - 03:40 pm
0
0
I'll paraphrase what Bill

I'll paraphrase what Bill Cosby is telling those of his race. We are AMERICANS, you didn't live in 1865. The war was lost. ACCEPT that! i understand that there were myriad reasons for the southern rebellion, but, ultimately, the war was significantly about slavery. It was about who would get the western states. It was about tariffs, blah, blah blah.
It ENDED in 1865. Get over it. Move on. Why are you SO insistent on sending out insults to those rightfully offended? Seabeau, if all this is SO unconstitutional, why haven't you sued and had it corrected?

ron_rlw
1
Points
ron_rlw 10/27/10 - 03:59 pm
0
0
ReformedRepub - you've made

ReformedRepub - you've made an assumption that people are "rightfully offended" about the flag. I believe that is question and not a forgone conclusion. What about those that are "rightfully offended" that the government is telling us what we can and can not wear. You cannot "rightfully" demand tolerance of your views while denying tolerance of other people views.

Personally I'm from the North don't display or use the Confederate Flag at all, but it also is a part of the history of this part of the country. To ignore this history and all the reason ... except one ... that the Confederate States existed, just for the sake of smoothing over someone getting upset about something that happened over a 150 years ago ... just doesn't make any sense ... unless of course only one side has any say in the matter.

RoadkiII
6596
Points
RoadkiII 10/27/10 - 04:53 pm
0
0
I see flags from Germany, 2

I see flags from Germany, 2 uncles I never knew killed in WWII. I see flags from Japan, remember the Battan Death March? I see Muslim flags, nephew was kill in Afghanistan. Should I be offended and run to the ACLU? Right or wrong, your heritage is what it is. Yes, I am proud my ancestors stood up to a tyrannical federal government. Just a quick question, if the Civil War was fought solely over the slavery issue, why did the northern states even fight. They had slaves too.

ron_rlw
1
Points
ron_rlw 10/27/10 - 05:03 pm
0
0
Also most of those killed

Also most of those killed fighting for the South ... didn't own any salves.

RoadkiII
6596
Points
RoadkiII 10/27/10 - 05:07 pm
0
0
Should I be offended that the

Should I be offended that the president told me to go to the back of the bus?

ReformedRepub
0
Points
ReformedRepub 10/27/10 - 05:17 pm
0
0
I was raised here, have been

I was raised here, have been here all my life. The fact is, admitted or not, the Confederate flag is posted as a reminder that there are those who wish for those long lost(gratefully) days. it is flown as an insult, whether those flying it would deny it or not, much the same as the addition of "in God We Trust" to our currency or "under God" was included in the 1950s as a statement. Every Confederate flag is an intended insult and a refusal to accept that change happens. Keep em in your house, or by your own standards, shut up about mosques in New York or anything else that involves your "personal freedoms"

dailyreader2010
0
Points
dailyreader2010 10/27/10 - 06:17 pm
0
0
The confederate flag was the

The confederate flag was the flag of the land many years ago. Just because some have used it for other purposes does NOT mean that is what the meaning of this flag is about. The flag stands for the heritage of the land. Who knows maybe in another 100 years the flag that represents our nation today may possible be different as well... Those that think otherwise need to read their history books. Now why is it not ok for this young lady to wear a confederate flag on her clothing, while it is ok for other flags of other nations to be worn by people? It is ok for an african to wear his flag on his/her clothing? It is ok for a canadian to wear it on their clothing? The USA is an open border for other countries, we fly all types of flags at our nations capitol, but we don't allow someone to wear a confederate flag cause it is considered"racial"? Wow, I guess the constitution needs to be re-written to continue to protect affirmative action. I am sick and tired of hearing people whine and cry about something that NO ONE in the generations that are alive today had anything to do with. Looks like it is time to clean the slate and start fresh .. And let every race be treated equal and see where each race gets on their own. Instead of giving privileges to certain races.The majority has become the minority. Let the girl wear her shirt, let her express herself with it. And as for those that will say the flag stands for an "ignorant" time cause of slavery and such... remember one thing.. there where slaves of all race, religion, and creed.. And should we ban the flags of countries that we have been to war with, had issues with, been attacked by??

TakeAstand
13
Points
TakeAstand 10/27/10 - 06:46 pm
0
0
Kind of funny, that flag

Kind of funny, that flag doesn't offend any of the black sons of confederacy members and they sport it with pride. So is it really about racism and offending people or being PC not to make the bleeding hearts and their ilk cry. Oh right, Uncle toms arent really black. If not for things like this to complain about, whatever would these hearts do with their lives?

I wonder if there would be the same outrage and bans if a black student wore a Jeremiah Wright shirt to school? Of course not, pffffft lol

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