San Diego school prohibits student from wearing flag

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When Malia Fontana’s friend was told that he could not wear an American flag headband at school, she protested by wearing an American flag in her back pocket. Malia was then told to remove her flag, and when she asked the security guard why she had to remove it, she was taken to the principal’s office. Though not required to do detention, Malia had an incident report written that will remain in her records until six months after her graduation from Fallbrook Union High School in San Diego.

In 1969, the landmark U.S. Supreme Court case, Tinker v. Des Moines School District, established the right of students to wear black armbands in protest of the Vietnam war. Justice Abe Fortas, writing for the majority, said:

In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are “persons” under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State.

The Tinker decision applies to the situation at Fallbrook Union, and the ACLU has sent a letter to the San Diego County school district comply with the law, apologize to Malia and her mother, and clear Malia’s school record.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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