NOTE: Read the “Background” and “Resources” below before answering the questions.

1. The first paragraph of a news article should answer the questions who, what, where and when. List the who, what, where and when of this news item. (NOTE: The remainder of a news article provides details on the why and/or how.)

2. How did Live Oak High School administrators justify their decision to demand the American flag-wearing students turn their shirts inside out or go home?

3. What did the students ask the appeals court to consider after they initially lost their case in February?

4. How had the court ruled on the case in February?

5. How had the students’ parents’ defended their position when they filed the lawsuit? On what grounds did they base their case?

6. a) How many appeals court judges dissented from the majority ruling? What did they say in their dissent?
CHALLENGE: The few articles found on this latest decision did not mention how many judges ruled in the majority. What is the number of judges who ruled for the school district? Where did you find the answer?

7. In a column he wrote for USA Today on March 3, 2014, George Washington University law professor Jonathan Turley noted:

What is most disturbing about last week's decision [the original February 2014 decision] is that the court entirely misses the distinction between speech and conduct. When presented with threats of violence, the school should punish those who engage in harassing or violent acts. Indeed, the court described an earlier confrontation when some students raised an American flag on Cinco de Mayo and "one Mexican student shouted 'f*** them white boys. ... Let's f*** them up.'" One would have thought that those who made threats would face action from the school administration. Removing any display of the flag in the face of violence is akin to removing gay students to avoid harassment or girls to avoid sexual assaults.

Our high schools should be training future citizens to live within a pluralistic society. Instead, Live Oak High is teaching students that it is the speech, not those who threaten the speakers, that is the problem. Citizens shaped in such an environment are likely to view speech as a discretionary privilege allowed by our government rather than an individual right guaranteed in our Constitution.

Ironically, the flag is the very symbol of a nation of differing faiths, cultures and races bound by liberty. Perhaps the school was right: If you are going to deny free speech, it is the last thing you want to see.

Do you agree with Mr. Turley’s assertions? Explain your answer.

8. Do you think the students should appeal to the U.S. Supreme Court? Explain your answer.