Quote:
Originally Posted by MysticCat
But the other thing they all have in common is that whether pure speech (as in words) or conduct (draft card or flag burning) or a mix (Westboro Baptist), they are true political speech, intended to convey a political or idealogical message, which is at the heart of the First Amendment. I'm not sure donning a sombrero, serape or gang clothes for a Taco Tuesday party carry any intent to speak within the meaning of the First Amendment.
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So if on MLK Day, the Kappa Tappa Kegga at a public school stages an event where they have a lynching of a straw man off campus where they wave the Confederate Flag while burning the lynched straw man in effigy, chanting racist slogans, clamoring for a return of Jim Crow, that would be more protected by the First Amendment than some kids showing up to Taco Tuesday in a sombrero or dressed like cholos?
I don't think I would totally buy that, it doesn't seem consistent. The reading of the First Amendment, especially these days with the Roberts court, tends to be very broad.
If I had a client with this sort of issue, I'd kind of like my chances in a 1983 case.
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