Student's Confederate Flag Suit Thrown Out

Federal Judge Ruled Tennessee School's Ban On Clothing Was a Reasonable Attempt to Prevent Disruptions

(AP)  A federal judge ruled a Tennessee school's ban on Confederate clothing was a reasonable attempt to prevent disruptions because of previous racial threats.

U.S. District Judge Tom Varlan threw out a former student's free-speech lawsuit against the dress code at Anderson County High School and Anderson County Career Technical Center in a ruling Tuesday.

Tommy Defoe sued after he was sent home and then suspended for insubordination in 2006 for wearing a T-shirt and a belt buckle to school bearing the image of the Confederate battle flag. He said he wanted to display his pride in his Southern heritage. Others view the Confederate flag as a symbol of racism and intolerance.

Varlan said Tommy Defoe's free-speech rights to display the Confederate battle flag in 2006 were properly limited by school officials who "reasonably forecasted a material and substantial disruption to the school environment" if the clothing was permitted.

Varlan relied on a ruling from the 6th U.S. Circuit Court of Appeals upholding a Confederate flag ban in nearby Blount County, Tenn.

Defoe's case was first tried a year ago and ended with a hung jury unable to reach a unanimous verdict. A retrial was expected in a few weeks.

"We are very stunned," Defoe attorney Van Irion said Wednesday, vowing to appeal.

Co-counsel Kirk Lyons of the Southern Legal Resource Center in Black Mountain, N.C., which has waged legal battles on behalf of the Confederate flag in several places, said the case should have gone to trial.

Knoxville attorney Arthur Knight, who represented former principal Sidney Spiva and other school officials, said the ruling vindicated his clients.

"I know these administrators feel they have a duty to protect everyone," he said. "Even if that means just one child, they take it seriously."

Irion said the Blount County case, where racial tensions led to fights and a school lock-down, "couldn't actually be more dissimilar" to the Anderson case, where there were threats and intimidation but no fights.

"Their argument was that the Confederate flag wasn't causing a riot," Knight countered. "Well, that is not the standard."

He said the legal standard is whether "a reasonable expectation" exists, based on a history of racial tensions, "that if you allow the Confederate flag that it could contribute or substantially disrupt the learning environment."

Anderson school officials testified in recent years they had seen a large Confederate flag hung in a hallway two days after two black students enrolled, Oreo cookies thrown onto a basketball court because the opposing team had a biracial player, and a black student attending a leadership class taunted with racist names.

They also said they found racist graffiti and a drawing of a hangman's noose with the name of a black student who was dating a white student.

[josiebass]

Seems to me all you haters want us to leave this country - same crap my ancestors heard from your ilk before 1860! Well your kind stole, killed my kin, destroyed everything my ancestors had built up for 200 years and I don't want to be in a union with you. Your ilk treated us as a colony after 1865 and kept all of us poor as church mice until we fought in your wars for you and now you are back for more. I am ready to secede - any day now.

[barbaram99]

I have read every one's say. I was born and raised in Maine. I am 54 and white. Yet our forebears came from overseas. They were white slaves. That sound odd to todays ears. It is true. Maine goes way back. There are building older than this nation. I know. I have always wondered why the Native Americans hate us to this day. They do. We stole this nation from them. They know the truth, I looked into the 1723 Waltham Act. At sxhool years ago they talked about the pridoners sent here from England. It is America's dirty little secret. The founding fathers were inmates as were other whites under Emdland Rule, They used the term White Slaves. Yet we became the US of A in 1776. It was an illegal war. A prisom riot in that day. A poster is right about the cival war. It had nothing to do with black folks. The need to wear uniforms as that will anawer the dress code issues. The ladies wear the head to toe clothes that they in the Middle East here. We do have sep of church and state. They are wasting the court's time over the battle flag. They teach history at school. Why don't the schools just teach their lessons. It seems every thing is turnt into a colour issue. When it is not. In my day they made an issue of the wearing love beads they called a beaded necklace.They were sent to the office for wearing them. What next..

[HGOODGUY]

THE CONFEDERATE FLAG REPRESENTS EVERYTHING UGLY ABOUT OUR HISTORY!!

IT REPRESENTS MURDER--TERROR--FEAR--INTIMIDATION--AND TO BLACK PEOPLE--LYNCHINGS!!!!

IF YOU DON'T BELIEVE ME THAN GO TO ANY KLAN OR HATE GROUP RALLY!!!

THAT FLAG SHOULD BE BANNED, ALONG WITH THE NAZI SWASTIKA, FROM ALL SCHOOLS AND STATE AND GOVERNMENT OWNED BUILDINGS.

IT HAS NO PLACE IN AN ENLIGHTENED SOCIETY!!!

[NHD16]

I have a more serious concern...If it was against the school rules and the student was asked not to wear this outfit, what parent allowed their child to break school regulations? Why was this child supported to go against the rules and regulations of his educational institution ....for whatever reason? You can't wear lots of things to school...you can't wear a bikini to school for instance...that is the rule. You don't have to like it or agree with it but we have to teach children to respect authority and teach them that there is a certain decorum which must be followed. What are we teaching them when we allow the children to rule the adults...who are the adults here? Kids have civil rights up to a point because they do not have the judgment and wisdom to know that there is a time a place for everything. If the Confederate flag offends a percentage of the population of a school...or if it offends anyone, the why is the child not then taught to try NOT to offend rather than supporting the offense? When the child grows up and is asked to wear a uniform or a suit...will he refuse? Why are kids given so much power? I think the kid is a brat and his parents were and are wrong to allow him to think he is right in this action! The issue goes beyond racism and civil rights to wear what you want...it speaks more to what is wrong with how we are raising our children not to respect authority or to respect fellow citizens...we are giving them a sense of entitlement which is out of proportion to their ability to make good judgement. This is a far sadder state of affairs.

[pvperson3]

I live in a small town in So. Cal., there are several people here from the south that either have Confederate Flags in their yards or bumper stickers on their cars. Ask anyone of them why and they will openly tell you it's to irritate black people. Nothing to do with "pride" or "honor", just a racist dig. That flag is a symbol of hatred and bigotry to both the people showing it and the people that see it.

[TheMasses2016]

COW-A-BUNGA dude.

[Wolfear]

I would agree that conditions for many folks were horrible, but many young men from the South gave their lives thinking they were doing the right thing....fighting for their beliefs....and now their posterity finds they cannot carry on their beliefs as it 'offends' someone else. by panhandlpete

You realize that same arguement could be used for the millions that served in the German Army in WWII. There were lots of young men that fought and died for the Swastika doesn't make the symbol and the flag any less odious.

[eus109937]

Why would the student want to wear clothing with a flag that represents anti-American everything? The confederate flag is only a symbol of anti-Americanism. I am glad it was banned at the schools. We do not need to promote anti-Americanism at our public schools.

[pubsrtoast]

Oh Well, he can always wear it when he goes out to disrupt a townhall or perhaps when tea-bagging.

[Newster1]

Defoe attorney Van Irion said Wednesday, vowing to appeal. "

Oh good grief, another moron who thinks he should be special and get special treatment clogs up the court system at least TWICE over a frivolous suit.
Must have plenty of money and spare time if he can afford a lawyer and all this to battle a school to wear a belt buckle only a country bumpkin would want to wear!

[rf35]

Sometimes you just gotta let rednecks be rednecks.

[npkppprc]

Stupid id as stupid does idiot.

[zonkzilla]

"At question would be whether these include the "Rising Sun" and "Hammer & Sickle"."

Since those are symbols or oppression, murder, and slavery on a scale that the world has never seen before I think that point is illogical. The Japanese and former Soviet States don't even want to see those flags so why should we especially WW2 veterans? A poor attempt to appear open minded on the subject, but it failed.

[parrots7]

Exactly ....... and it's sad that repugs will try to use any and all excuses, no matter how ignorant, to defend this perceived right, irrespective of the appointed authority.

[panhandlpete]

THE CIVIL WAR IS BEING MIS-TAUGHT BY SCHOOLS! THE CIVIL WAR WAS NOT ABOUT SLAVERY!!!!!!!! NEVER WAS!
by brooke50 August 13, 2009 3:09 AM EDT

Thanks so much for your blog. It is today just like it was back then...the public gets fed whatever information that supports the ideas of those running the country. I would agree that conditions for many folks were horrible, but many young men from the South gave their lives thinking they were doing the right thing....fighting for their beliefs....and now their posterity finds they cannot carry on their beliefs as it 'offends' someone else. The folks that it 'offends' were not present back then so I cannot agree with their excuse that the Confederate Flag represents 'racism'. They are simply looking for an excuse to exercise power to take away from others. Would it not be wiser to ascertain the true motives for stances for or against the Confederate Flag and deal with those rather than discard part of our history? Will we rewrite the Iraq War history so that the leaders are cleared for their lies about WHY we went to war? Probably...and the beat goes on!

[fedupredneck]

I have to agree with you and brooke50 on this one. I still have a history book from 10th grade in detroit,its funny comparing it to my friends kids 11th grade history book from alabama last year. Funny how history changes. Did you know they already have new books out this yr? Would love to get a copy for my own entertainment.

[skyk-2009]

When are these poor simple minded people going to get the message. The LEADERS of the Confederate States were TRAITORS pure and simple. They went back on their word and tried to rip apart the nation for NO OTHER REASON than they wanted to keep other human beings as slaves. They also, LIED to simple minded farmers, most of whom couldn't even read, to get them to fight for that States Right. It's UGLY, Disgusting and NOTHING anyone should be proud of, in ANY WAY!

[parrots7]

Most Repugs will AVOID a post like this to the DEATH. Cheers!

[Benton09]

I won't be surprised if at some point in the future we change our national flag to whatever corporation owns the government. Maybe the Exxon-Mobil flag, Bank of America (it does have America in it), maybe just a Wall Street flag with a big dollar sign ($) on it.

[brooke50]

drs57 - I fully agree and support your INTENT. However, I wish you would further agree that there should only be two (2) flags allowed to be flown at schools, and Governmental buildings.

Those being FIRST - AMERICAN, SECOND - STATE.

If you so choose to fly a different flag at your home, to me, that is one of your freedoms for being an American Citizen.

[Ms_enza]

How about "courtesy flags"?

[brooke50]

ms_enza - I don't know what you mean about "courtesy" flags. Are you talking about if another Countries President was to visit a school or Government building?

Although personally, I would not care, as long as it was on another small flag pole.

But, if there is a law about: (If), as mentioned ALL Flags...but our American Flag, then IT IS LAW - and NO.

[brooke50]

When will there be EQUAL Enforcement and Interpretation of the laws?

How can you claim a Southern Student, PROUD of his heritige, not be allowed to wear a belt buckle or shirt, with the Confederate Flag, but yet RULE FOR Somolians, to wear their head-bands, veils and clothing, because it is their "culture" Heritage?

Would Latinos be sent home for wearing a shirt with a Mexican Flag? Or an American-African, who wears a shirt with "King" or "Malcom X" ? What about gang colors and clothing that are still in schools?

Any Symbol - a Black Cat or White Cat, can have RACIAL power, if you give it to them. A Flag is a Flag, American or Confederate.

The Confederate Flag was (and is for some) still a symbol of the Confederate States of America, and thus is a part of American History. Surely as if someone wished to display the "13-Star" flag, which was at that time the American Flag.

To state that the Confederate Flag causes racial tension, is only because of peoples ignorance and mis-teachings by schools, of the Civil War.

The Civil War was about Southern Independence, and the inviolable right of the people to be self-governing. They were also, fighting for economic freedoms, which they felt were being destroyed, by Rich Northern Industrialists, financially influencing the Government. There was also the MAJOR ISSUE of States which voluntarily ?joined? the Union, having retained the power to withdraw from the Union.

How can it be claimed, it was about salvery, when: both the Northern and Southern States had slaves (both WHITE and BLACK - There was WHIITE SLAVERY Long before Black - see cited works below),

THE CIVIL WAR IS BEING MIS-TAUGHT BY SCHOOLS! THE CIVIL WAR WAS NOT ABOUT SLAVERY!!!!!!!! NEVER WAS!

The TRUTH about White Slavery has deliberatly, NOT, been taght in schools. What they mention most is Child Forced Labor in factories, and neglect the FULL FACTS.

"The ?convicts? transported to America under the 1723 Waltham Act, perhaps numbered 100,000." -2

"Up to one-half of all the arrivals in the American colonies were White slaves and they were America?s first slaves. These Whites were slaves for life, long before Blacks ever were. This slavery was even hereditary. White children born to White slaves were enslaved too." - 1

"Whites were auctioned on the block with children sold and separated from their parents and wives sold and separated from their husbands. Free BLACK PROPERTY OWNERS STRUTTED THE STREETS of northern and southern American cities while White slaves were worked to death in the sugar mills of Barbados and Jamaica and the plantations of Virginia." -1

"During [America's] period of slavery, many freed blacks worked for years to purchase the freedom of family members. But a great many freemen BECAME SLAVE MASTERS themselves, and for the same reason as whites?to make use of slave labor for the sake of profits." - 3



(cite: There are many more books and learned papers on this subject.
1) They Were White And They Were Slaves; Michael Hoffman
2) The 1723 Waltham Act
3) Black Slaveowners: Free Black Slave Masters in South Carolina, 1790-1860 [University of South Carolina Press]; Larry Koger

[Ms_enza]

Clearly you support the French "freedom from religion" concept in public schools and buildings. Ban equally the hijab and the cross.

BTW, so do I. The US is quaint, at best, with its notions of "freedom of religion" and self-destructive at worst. The idea that one can allow others to freely express their mythologies in the public places is just asking for continuation of the violence that has racked the US for 200 years.

[skyk-2009]

Duh?? Go to a Klan Rally brooke. They want to be PROUD of their nation? The best way is NOT to wear the flag of traitors!

[MPHgrad]

Well said Ms-enza.
brooke50,
I'm not sure of what school system you are speaking, but indentured servitude has long been taught in the TN school system as young as second grade. To my knowledge and from my experience in MI, TX, PA, and GA it is taught in those school systems as well. Further, the free men/women of color who owned slaves is well known. I chuckle when this is presented to counter chattel slavery as these groups accounted for a minute number of slave owners. Yes, there were numerous poor WASPs who worked along side enslaved people of color, but true slaves they were not. Whipped to unconsciousness? Babies severed from wombs? Forced to marry for breeding purposes? Mothers separated from young children? Sorry, that didn't happen to whites in the US.

[brooke50]

Ms_Enza - I can not say I am familiar with the French concept, however, I do believe EQUALITY across the board. So, yes, the hijab and cross need to go from schools.

I will share two personal thoughts:

1) Religion - Education - Government should be seperate. (I will most likely get myself in hot water here, but..)

Government should keep their hands out of schools and religion and Parent Rights.

My reasoning: I feel strongly, that it is every parents right and responsiblity, to raise and discipline their children with THEIR FAMILY values, religion, and morals (yes, of course law abiding).

It is also every parents right and responsibilty (via PTA or School Board), to demand excellent (grade-middle-high) school education.

It is also every Parents right to discipline their children. (Yes, there were abuses by teachers and parents, but NOT the magnitude to make it illegal for ALL parents not to give 3 smacks on the butt - or send them to bed without supper (kids snack all day long - one night will not harm them in the least!)-

And just for those who believe "Time Out" works - what do you do or who do you call when the child says NO and refuses to listen? The law say you can not touch/spank them - Physical CHILD ABUSE- Law says you can't yell at them - Mental CHILD ABUSE - so, how do you make a child listen and go to TIme Out? Remember - all that kid has to do is just mention Child Abuse or hint "I WAS TOUCHED THERE! - BAM, your in jail.

2) Schools are to prepare students with the best possisble broad base from which to build. Nothing more and nothing less.

When they earn the right to go to college, then they can choose what course of study to follow.

If a parent wants a school to teach religious studies or behaviors, then place them in a private school that teaches your beliefs to all the students. (I went to a Catholic School - I never thought is was right that some students did not have to take religion class, because they were not Catholic - They should not have been enrolled. - Again, NOT EQUAL - If one then ALL)

[fedupredneck]

Well said brooke50. to:skyk-2009 Wouldn't the american flag fall into your comment? Correct me if I'm wrong here(kinda slept through high school)but weren't the first american settlers considered traitors by england for declaring independance? If thats the case then we should pull that flag too with your line of thinking.

[nordeck52]

by skyk-2009 August 13, 2009 7:26 AM EDT
Duh?? Go to a Klan Rally brooke. They want to be PROUD of their nation? The best way is NOT to wear the flag of traitors!
================

The Confederacy was not made up of traitors. Defending your homes from an invasion is not betrayal. Remember, the North invaded the South at Bull Run before the South made forays into Northern territory. What constitutes whether something is "northern" or "southern" territory was also quite ambiguous at that point anyway, especially around the Border States.

There are so many arguments about the Civil War that they will never be resolved. Although to add to the point about the war not being entirely about slaves, I point out that the freeing of slaves never became a goal of the Union until after Lincoln issued the Emancipation Proclamation (which, while noble, sadly didn't free a single slave), and once it became a stated war goal, deadly riots erupted in New York City and other places (mainly New York though) because people were upset that their husbands and sons were now officially being sent to free slaves. Northerners were just as racist as Southerners.

[HGOODGUY]

ON THE BASUS OF WHAT YOU ARE SAYING, I AM SURE THAT YOU WOULD BE THRILLED TO HAVE A BLACK FAMILY MOVE NEXT DOOR TO YOU!!!

[tmittelstaed]

What makes the Confederate flag racist? I'll tell you, it's the general agreement among most Blacks - ie: the minority group - that it's racist, that's what.

Personally, when I see the Confederate Flag and hear Dixie I think of that funny show Dukes of Hazzard, which I watched in my youth. But, since I'm not Black, and am not part of the group being discriminated against, I really don't get to pick whatever objects are racist towards black people. Only the minority group gets to determine that. And the blacks have decided that the Confederate flag is racist. Frankly, that's not a problem - the Confederate flag is not an authorized flag of the US Government, thus banning it from display is even less of a problem than something simple like changing a street sign that has a racist name on it.

DeFoe, also being white, isn't competent to judge what's racist towards blacks and what isn't, nor is he even competent to have an opinion, frankly. And as for Southern heritage, that's pure bunk. I was born in Texas myself - I'll show anyone my birth cert who doesen't believe me - and I'm not a Southerner, or a Texan, I'm an American.

[gramto8]

(Can't do this without cracking a smile - mind you) Make sure you have the correct 'birth certificate' or they won't believe you.

[haskel20]

What makes the Confederate flag racist? I'll tell you, it's the general agreement among most Blacks - ie: the minority group - that it's racist, that's what.


First: I don't think that African Americans are the minority group any more and haven't been for quite some time.

Second: White Americans have to watch what they say or do. If they don't, then we are labeled as racist. If they wear a confederate flag, whether it be for pride or it looks good with a pair of jeans, they are considered racists. I don't understand.

[kcits]

by haskel20 August 13, 2009 9:26 AM EDT
Second: White Americans have to watch what they say or do. If they don't, then we are labeled as racist. If they wear a confederate flag, whether it be for pride or it looks good with a pair of jeans, they are considered racists. I don't understand.
============================
Whats not to understand? People who's great grandparents (and maybe great great grandparents)were slaves think they can get the advantage over anyone they disagree with. So it is in their best interest to make it look like there is some inequality. The need to shout "racism" whenever they look like they are going to loose. So they point out anything that has a slight connection. While one of the reasons the civil war war was fought was freedom of slaves, it wasn't the only one. Included in the reasons were the rights of states and the dissolving of the union.

[turbohugh]

Well said. I appreciate your empathy. True Love.

[hush_puppy]

His attorney was stunned, poor fella. Stupid and stunned in the same day.

[Ms_enza]

It was an attempt at humor. On the other hand people often mistake the stance of the client for that of the advocate.

God Bless a system wherein highly educated people can, for the sake of argument, represent the inane.

[proudmilvet]

Quick, Fox News, hire this kid! He'll be perfect for you!!