UC Davis student leaders ditch the American flag at meetings.
They first got away with banning the Army of Northern Virginia battle flag.
But that was just the first step, the increMENTAL step, now for the full jackbooted step on your neck.
The UC Davis student senate has made it optional to display the American flag at its meetings.
Senate Bill 76 passed Thursday, said Michael Gofman, a student senator who opposed the change.
The bill amends bylaws that required the United States flag to be on display at every senate meeting of the Associated Students, University of California, Davis. The revised bylaws give senate members the option to petition for the display of the flag 24 hours before each meeting. The ASUCD senate pro tem ultimately has authority to decide whether the U.S. flag will be displayed, according to the revision.
The resolution says that since “the concept of United States of America and patriotism is different for every individual, it should not be compulsory that the flag is in view at all times during Senate meetings.”
Jose Antonio Meneses, who introduced the resolution, said the changes were meant to ensure the student government is following federal law, which he says doesn’t allow an organization to mandate displaying the flag.
“It wasn’t political in any way,” Meneses said. “But because it is the United States flag … it’s a touchy subject to talk about. We want to make sure we are not sued.”
Gofman disagreed, saying all governing bodies within the U.S. – including a student senate – should display the flag.
“It was a purely political issue from the start,” Gofman said.
Meneses said that while he supports freedom of speech, many of the stories are inaccurate.
“It’s not a ban on the flag,” he said.
He cited a 1943 U.S. Supreme Court decision that found West Virginia could not compel students to salute the flag or recite the Pledge of Allegiance.
“The opinion in that case is that you can’t force people to pledge your allegiance, by (the flag) being there; by extension, you are pledging your allegiance to a symbol that you don’t relate to or that you don’t equate yourself with,” he said Monday.
He said the flag has never been on display during his two years on the student senate, and no one asked about it or the bylaw requirement until now.
In the 1930s, the government of Nazi Germany began arresting thousands of Jehovah’s Witnesses who refused to salute the Nazi flag and sent them to concentration camps. In the United States, Jehovah’s Witness national leaders advocated demonstrating solidarity with German Jehovah’s Witnesses by refusing to participate in the daily flag salutes that had become compulsory in American schools.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a decision by the Supreme Court of the United States holding that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school.
The Court’s 6–3 decision, delivered by Justice Robert H. Jackson, is remembered for its forceful defense of free speech and constitutional rights generally as being placed “beyond the reach of majorities and officials.”
***(But arbitrary ‘hate’ speech laws and affirmative action quotas are fine)***
It was a significant court victory won by Jehovah’s Witnesses, whose religion forbade them from saluting or pledging to symbols, including symbols of political institutions. However, the Court did not address the effect the compelled salutation and recital ruling had upon their particular religious beliefs but instead ruled that the state did not have the power to compel speech in that manner for anyone.
Barnette overruled a 1940 decision on the same issue, Minersville School District v. Gobitis (also involving the children of Jehovah’s Witnesses), in which the Court stated that the proper recourse for dissent was to try to change the school policy democratically.
However, in overruling Gobitis the Court primarily relied on the Free Speech Clause of the First Amendment rather than the Free Exercise Clause.
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”
Justice Robert H. Jackson
Robert Houghwout Jackson (February 13, 1892 – October 9, 1954) was an American attorney and judge who served as an Associate Justice of the United States Supreme Court. He had previously served as United States Solicitor General, and United States Attorney General, and is the only person to have held all three of those offices.
Jackson was also notable for his work as the chief United States prosecutor at the Nuremberg Trials of Nazi war criminals following World War II.
He is remembered for his famous advice that “any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances”
Jackson was born on a family farm in Spring Creek Township, Warren County, Pennsylvania on February 13, 1892 and raised in Frewsburg, New York.
Jackson decided on a legal career; since attendance at college or law school wasn’t a requirement if a student learned under the tutelage of an established attorney, at age 18 he began to study law with the Jamestown, New York firm in which his uncle, Frank Mott was a partner.
His uncle soon introduced him to Franklin Delano Roosevelt, who was then serving as a member of the New York State Senate.
Jackson became active in politics as a Democrat; in 1916 he was head of Jamestown’s local Wilson for President organization. In the years during and after World War I, he was a member of the New York State Democratic Committee.
Hmmmm….The National Defense Act of 1916 authorized the growth of the army to 165,000 and the National Guard to 450,000 by 1921, but by 1917 the federal army had only expanded to around 121,000, with the National Guard numbering 181,000.
When war was declared, Wilson asked for the army to increase to a force of one million. Indeed, six weeks after war was declared, only 73,000 had volunteered for service. Wilson accepted the recommendation by Secretary of War Newton D. Baker for a draft.
The guidelines set down by the newly enacted Selective Service Act, all males aged 21 to 30 were required to register for military service.
At the request of the War Department, Congress amended the law in August 1918 to expand the age range to include all men 18 to 45, and to bar further volunteering.
By the end of World War I, some 2 million men volunteered for various branches of the armed services, and some 2.8 million had been drafted.
This meant that more than half of the almost 4.8 million Americans who served in the armed forces were drafted.
Somehow Robert H. Jackson aged 25 was never drafted by the armed services nor did he volunteer.
But recruited he was, in 1917, Jackson was recruited to work for Penney, Killeen & Nye, a leading Buffalo firm, primarily defending the International Railway Company in trials and appeals. In late 1918, Jackson was recruited back to Jamestown to serve as the city’s corporation counsel.
He also continued his association with Roosevelt; when Roosevelt served as Governor of New York from 1929 to 1933, he appointed Jackson to a commission which reviewed the state judicial system and proposed reforms. Jackson also turned down Roosevelt’s offer to appoint him to the New York Public Service Commission because he preferred to remain in private practice.
In 1930, Jackson was elected to membership in the American Law Institute; in 1933, he was elected chairman of the American Bar Association’s Conference of Bar Association Delegates (a predecessor to today’s ABA House of Delegates).
In 1932, Jackson was active in Franklin Roosevelt’s presidential campaign as chairman of an organization called Democratic Lawyers for Roosevelt.
In 1934, Jackson agreed to join the Roosevelt administration; he served initially as assistant general counsel of the U.S. Treasury Department’s Bureau of Internal Revenue (today’s Internal Revenue Service), where he was in charge of 300 lawyers who tried cases before the Board of Tax Appeals.
Roosevelt regarded Jackson as a possible successor to the presidency in 1940, and worked with his staff on an effort to raise Jackson’s public profile.
Their plan was to mention Jackson favorably in presidential remarks as often as possible, and to have Jackson take part frequently in Roosevelt’s public appearances.
Roosevelt and his advisors next intended for Jackson to become the Democratic nominee for Governor of New York in 1938. They abandoned their effort to create a groundswell of support for Jackson’ gubernatorial candidacy when they ran into resistance from state Democratic Party leaders.
In addition, Roosevelt’s decision to run for a third term in 1940 rendered moot the need to identify and promote a successor.
Instead of running for governor or president, Jackson joined Roosevelt’s cabinet when he was appointed as Attorney General.
Hmmmm……. just wondering, if he hadn’t run into resistance, Roosevelt didn’t seek a third term, Jackson actually got elected, would America have been pushed into WWII ?
Was Jackson a original Chicken Hawk who hated Germans more than FDR-Henry Morgenthau Jr.-Dwight D. Eisenhower combined and sure to get America into war. But when he was rejected by the New York state Democratic Party leaders FDR had no choice but to break long standing tradition and run for a third term to personally ensure America got into WWII, on the right side ?
United States Assistant Attorney General for the Antitrust Division
In office 1937–1938
President Franklin Roosevelt
24th United States Solicitor General
In office March 1938 – January 18, 1940
President Franklin Roosevelt
57th United States Attorney General
In office January 18, 1940 – August 25, 1941
President Franklin Roosevelt
Associate Justice of the Supreme Court of the United States
In office July 11, 1941 – October 9, 1954
Nominated by Franklin Roosevelt
In 1945, President Truman appointed Jackson, who took a leave of absence from the Supreme Court, to serve as U.S. chief of counsel for the prosecution of Nazi war criminals. He helped draft the London Charter of the International Military Tribunal, which created the legal basis for the Nuremberg Trials. He then served in Nuremberg, Germany, as United States chief prosecutor at the international Nuremberg trial. Jackson pursued his prosecutorial role with a great deal of vigor.
Jackson, who was rebuked by the Tribunal for losing his temper and being repeatedly baited by Göring during the proceedings.
(Gee, all these shenanigans before baby boomers were even a twinkle in a eye)