Race & Law – Page 16 – Marquette University Law School Faculty Blog

Ninth Circuit Rules on Free Speech Issue in Schools

Post author:Danielle Nardick
Post published:March 14, 2014
Post category:Civil Rights Constitutional Law Education & Law First Amendment Public Race & Law

Late last month, in Dariano v. Morgan Hill Unified School District, the Ninth Circuit held that the Principal of Live Oak High School properly exercised the school’s rights when he offered students wearing T-shirts bearing the American Flag on Cinco de Mayo the choice to either turn their shirts inside out or go home for the day. The Principal’s action came on the heels of threats of violence from Mexican-American students earlier in the day and the occurrence of a slight physical altercation on Cinco de Mayo 2009. The students were not disciplined in any way for their decisions to go home rather than turn their shirts inside out.

The court rested its decision on the First Amendment challenge made by the students on the 1969 Supreme Court case Tinker v. Des Moines Independent Community School District, 393 U.S. 503. In Dariano, the Ninth Circuit applied Tinker to find that the school could restrict student speech based upon officials’ reasonable belief that the T-shirts would cause a “material and substantial” disruption in school activities. The Ninth Circuit distinguished the facts of Dariano from those of Tinker by finding that in Tinker, there was no threat of disruption from the wearing of the armbands, whereas there were actual threats of violence throughout the day at Live Oak High School.

Hallows Lecture Examines Little Noted, but Pivotal Civil Rights Decision

Post author:Alan J. Borsuk
Post published:March 11, 2014
Post category:Civil Rights Constitutional Interpretation Legal History Public Race & Law Speakers at Marquette

“Remarkable but relatively obscure” – that’s how Judge Paul T. Watford of the United States Court of Appeals for the Ninth Circuit described the 1945 U.S. Supreme Court decision, Screws v. United States. In presenting Marquette Law School’s annual Hallows Lecture on March 4, Judge Watford aimed to lift the decision from some of its obscurity and increase awareness of “the birth of federal civil rights enforcement,” as the title of his lecture put it.

The case began with the vicious and fatal beating of Robert Hall, an African-American man, by M. Claude Screws, the sheriff of Baker County, Ga., and two of Screws’ deputies. Judge Watford said the circumstances of Hall’s death provide a window into how African Americans of that era had to live with the “ever-present reality” of unwarranted violence against them by white law enforcement officers. Even given the many witnesses to Hall’s death, Georgia authorities declined to prosecute Screws and his deputies. But, in what Watford described as an unusual development for that time, a federal indictment was issued against them for violating Hall’s civil rights.

Ultimately, a splintered Supreme Court did not do all that civil rights advocates would have wanted, but the justices upheld the application in situations such as this of 18 U.S.C. § 242, prohibiting violation of civil rights by someone acting under the color of law. The majority of justices rejected the argument that civil rights violations were a matter to be left to the states, although no single opinion commanded a majority.

“Had Screws come out the other way, and been decided against the federal government, federal civil rights enforcement would have been stifled,” Watford said. “Instead, it was given new life, and that helped change the course of history, particularly in the South, in the second half of the twentieth century.”

Polarization or Social Control in Metropolitan Milwaukee?

Post author:David R. Papke
Post published:January 21, 2014
Post category:Milwaukee Public Race & Law

As a person who has always considered the City of Milwaukee to be home, I find Craig Gilbert’s ongoing study of political polarization in the metropolitan area to be both thorough and illuminating. His research indicates that when it comes to Republican and Democratic voting patterns, the area has become more polarized than any area outside of the American South. What’s more, the political polarization very strikingly correlates with race, ethnicity, education, and population density. Republican voters reside largely in middle and upper-class suburbs in Waukesha, Washington, and Ozaukee counties, while the impoverished and working poor reside and vote in the City of Milwaukee’s Democratic inner-city.

When we reflect on what has come to be, it is important that we not take the polarization to be simply a naturally occurring phenomenon and thereby overlook the political agency involved, that is, the way some socio-economic groups attempt to contain and control other socio-economic groups. Polarization has taken place in part because local and state governments have used law and legal arrangements to push socio-economic groups apart, to assign poorer citizens to certain areas, and to reduce the clout of these citizens at the polls.