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Flag stomping teacher wants student punished

1858 Views 22 Replies 16 Participants Last post by  68908
Teacher stomps flag in NC school. Ok, whatever floats his boat.

Student takes picture of the incident.

Teacher wants student to be punished.

So - this teacher expects to have his privacy respected when he publicly desecrates the flag? Good luck with that.

"Do I regret what I did? Absolutely not," Mr. Francis told me in an exclusive telephone interview. "Would I do it again? All I can say is I did it and I stand by it."

Mr. Francis said he has obtained legal counsel.

"There were some laws broken as far as photos of me taken that violate the county's policies - and issues that could be considered defamation of character," he said.

He said the student who snapped the photo of the flag desecration "broke the law."

"I believe that child does need to be punished in some way - absolutely," he said. "I can't take a picture of them and in turn they cannot do the same of me."

Mr. Francis confirmed most of the events as they were reported by local news organizations - including the actions of a young patriot.

He said the student got up from his desk, took the desecrated flag and left the classroom.

"I don't personally blame the children," the teacher told me. "This is exactly what America is about. This is exactly what freedom of speech is about - freedom of protest. You stand up for what you believe in. Whether or not I agree is not really the point."
So, hypocritical teacher, standing up for what he believes, wants a student arrested and charged and punished for standing up for what he believes. The contradictory statements are mind boggling.

http://www.foxnews.com/opinion/2016/09/21/flag-stomping-teacher-has-no-regrets-wants-student-punished.html
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Francis. That's funny!
"Lighten up, Francis."
1st year teacher in a public school...........:banghead:
Freedom of expression works both ways. People tend to disapprove of that expression with which they disagree.
Just like police officers, teachers have no real expectation of privacy. However, the problem comes in for intellectual property. If I am delivering a lecture in a university setting, and expressing my ideas, those ideas belong to me, and disseminating those ideas without permission or compensation would be unacceptable to anyone who publishes. I don't allow anyone to use electric devices unless they have a medical need, and I only give permission to record lectures if the student can demonstrate that there is a need for it.

So, it isn't about privacy for me, but rather intellectual property, and universities can and do expel students for violations of these policies.

But it appears we are dealing with a high school situation, so I am less familiar with intellectual property laws at that level.
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If you are an attention whore who makes a public spectacle of yourself, by, let's say, pissing on the American flag, you waive your right to privacy and throw open the door to others recording your antics and using them for a wide variety of "Fair Use" purposes.
Including, I would think, posting them online and ridiculing you for making an ass of yourself in public.
If you are an attention whore who makes a public spectacle of yourself, by, let's say, pissing on the American flag, you waive your right to privacy and throw open the door to others recording your antics and using them for a wide variety of "Fair Use" purposes.
Including, I would think, posting them online and ridiculing you for making an ass of yourself in public.
I am not a lawyer, but that would probably be the premise for a good defense if it came to a disciplinary hearing.

But that said, back when I taught high school almost twenty years ago, they used to ban pagers. I am surprised schools haven't banned cell phone usage entirely. Then again, I did see a four year old on their own phone the other day, so I fear for the future if elementary schools have to have cell phone policies.
I would personally never ever stomp on or burn a flag or do anything that stupid, but I don't have a problem with a teacher or Professor stomping on an American flag just to show an example of what free speech is in America and that it is okay to talk disparagingly about our country or some of the policies in our country. I'm completely fine with that. I am completely fine with the teacher using that as an example even in person to help really drive home the point with students that people are allowed to dissent and talk bad about America or about an American policy even in the extreme of stomping on a flag. People need to know that it is free speech to talk badly about this country and some of their policies. People also need to know that it should be encouraged to have free speech even if it's disparaging to the country and some of its policies.
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I would personally never ever stomp on or burn a flag or do anything that stupid, but I don't have a problem with a teacher or Professor stomping on an American flag just to show an example of what free speech is in America and that it is okay to talk disparagingly about our country or some of the policies in our country. I'm completely fine with that. I am completely fine with the teacher using that as an example even in person to help really drive home the point with students that people are allowed to dissent and talk bad about America or about an American policy even in the extreme of stomping on a flag. People need to know that it is free speech to talk badly about this country and some of their policies. People also need to know that it should be encouraged to have free speech even if it's disparaging to the country and some of its policies.
I have to agree with you on the ability to do such things to demonstrate the 1st amendment, but do you feel that the demonstrator should be able to turn around and ask for the punishment of another who disagrees with the methodology of the demonstration?
Agreed and exactly the point of the OP. Mr. Francine, or whatever his name is, wants to have it both ways, i.e. he's free to make whatever statement he likes but wants to use the force of law to punish others for expressing a different view.
I agree, in principle, to the idea that demonstrating 1st Amendment rights as a teaching instruction is protected by the very 1st Amendment itself. Where I have problems with this particular instance is a) its a government employee doing so on the public's dime and b) the government employee wants to punish citizens for taking his picture while he discharged his official duties as a government employee. Hopefully he's unlikely to be a 2nd year teacher.....:crossfinger:
Are violation of policies and defamation of character criminal offenses?

Taking pictures of students and teachers prohibited?

I don't know about the second but that teacher needs some remedial school teacher/ing education regarding the first.

Nemo
this chick supports using force to get what she wants, while refusing the same ability in others. just another day as an incoherent statist.
I don't allow anyone to use electric devices unless they have a medical need, and I only give permission to record lectures if the student can demonstrate that there is a need for it.
Drop/Add.

So, it isn't about privacy for me, but rather intellectual property, and universities can and do expel students for violations of these policies.

But it appears we are dealing with a high school situation, so I am less familiar with intellectual property laws at that level.
Work product created while working for your employer belongs to your employer. You have zero rights to it.
I would suggest that the mere act of stomping on the US Flag (or any flag for that matter) has little to no intellectual property value. He isn't the first teacher to do this, much less the first person, so unless a sizable portion of the lecture was video taped (seems like the teacher would have noticed that and stopped it), I don't see the damages here. If the state has personal privacy laws that limit video tapings to all-party consent or something like that, then maybe there is a case. I don't defamation of character from the mere taping as it is a record of an actual act, which the teacher isn't ashamed of in any way. So unless there is derogatory commentary on the video, I don't see any damages there either. In terms of county or school "policy", there may be a violation, but policy isn't law, so I don't see how it would be a criminal or even civil issue. The student might be subject to school disciplinary actions, but that's it. Frankly, I wouldn't want to attend a school where teachers stomp on our flag. I guess we came a long way since I was a kid and we were saying the pledge of allegiance in the classroom....
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I have to agree with you on the ability to do such things to demonstrate the 1st amendment, but do you feel that the demonstrator should be able to turn around and ask for the punishment of another who disagrees with the methodology of the demonstration?
You can't have your cake and eat it too.
Are violation of policies and defamation of character criminal offenses?

Taking pictures of students and teachers prohibited?

I don't know about the second but that teacher needs some remedial school teacher/ing education regarding the first.

Nemo
Well, not sure how it's defamation since he DID DO it, it's not a lie. And he needs to study up on the legalities of filming in a PUBLIC place. There is no expectation for privacy in a public school classroom.

He's one of the reasons we all need to get behind 'loser pays' when it comes to these groundless lawsuits.
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