The Ninth Circuit court ruled that the theory of a “heckler’s veto” applied to the case. Essentially, because there is reason to think that student speech could lead to violence, and because there had already been a history of threats of racial violence regarding that speech, the right to free speech could be restricted for the sake of ‘maintaining order’.
Because the Supreme Court is placing political correctness and ‘security’ above Constitutional rights, we end up with the situation where students can wear the Mexican flag at school but not the American flag.
“It’s unjust, it’s discretionary, it’s politicized,” stated Robert Joseph Muise, the plaintiff’s lead counsel. “The 9th circuit set a horrible precedent. Why? I don’t know and they won’t tell me.”