Appeals court upholds banning American flags over highways....

By Howard Mintz
Mercury News

With public debate over war in Iraq at a critical stage, a federal appeals court today made it clear that California transportation officials cannot allow the American flag on highway overpasses without also allowing anti-war protesters and others to post signs bearing political messages.

In a 15-page ruling, the 9th U.S. Circuit Court of Appeals found that the California Department of Transportation's policy of permitting the flag on highways while banning political signs is unconstitutional. The decision upholds a San Jose federal judge's earlier ruling striking down the Caltrans policy because it violates the First Amendment, another legal victory for two Santa Cruz women who've challenged the state's efforts to keep their anti-war signs off highway overpasses.

The ruling in effect preserves what has been the status quo for the past six months -- Caltrans, after a number of policy flip-flops, decided to ban all flags and signs while it appealed the case. Caltrans officials were not immediately available for comment on Thursday's ruling.

The appeals court determined that Caltrans, however well-intentioned, cannot favor the flag over the content of political banners. The government cannot set such policies unless they are content neutral, and the court held that Caltrans' enforcement efforts did not meet that standard.

``Honoring the principles for which the flag stands extends beyond waving it in tribute,'' Judge Kim Wardlaw wrote for a three-judge panel. ``The principles can survive only by allowing the voice of dissent to be heard.''

Cassandra Brown and Amy Courtney, the two women who've pushed to overturn Caltrans' policy, could not be reached for comment this morning. The two women sued in late 2001, after Caltrans took down signs they hung on Highway 17 that read ``At What Cost'' and ``Are You Buying this War'' in response to the U.S. response to the Sept. 11 attacks. The signs were hung next to an American flag, which was left alone by Caltrans.

``The 9th Circuit's opinion is useful as a civics lesson in what the flag stands for,'' said David Greene, one of the lawyers for Brown and Courtney.
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Contact Howard Mintz at (408) 286-0236 or hmintz@sjmercury.com.

 

<SIGH> yes I am buying this war ladies, and while both of those ladies disgust me personally for their seeming "Nye-eev-ah-tey" Caltrans is wrong, they should have the right to voice their opinon, however horrible I think it may be...what is it gonna take to get some people to realize what we as a nation are up against? Why do people forget so quickly? This big dog will fight when you rattle his cage, and fight we should. Just my humble opinion

 

Typical of the Peoples' Republik of Kalifornia.

Why don't we take cassandra and amy and ship them out.

 

Hmmmmmmm

So because of the actions of 2 people, all Californians are now Communists. Apparently you guys haven't been paying attention so some of the postings by the Calif. members on this site.

And, since the U.S. Supreme Court upheld the ruling, I guess that makes them Commies also.

 

As a veteran, I agree that they have the right to their opinion. BUT...I also think they should not spit in the face of those who fought so they can have that right. When the troops across the pond hear about so many people being against what they are fighting for, it brings morale down and that costs lives.

Some people may not like what our government is doing, but just because they don't like it doesn't mean the situation is going to change in their favor.

Also yes, they have the right to be against war but others, like myself have the right to think we should kick the living crap out of them. REMEMBER: Beware the wrath of the sleeping giant!!!

 

Hi Comrade...uh, I mean Carlene!

I think what's clouding the issue is, folks aren't getting the difference between freedom of speech/expression and the posting of signs (or flags).

We are still free to stand by the road and hold the flag, wave protest signs, stick out our tongue or whatever.

What you cannot do is post a sign (or flag) and walk away and leave it. Once you leave, your right to free speech is no longer guaranteed and your sign becomes 'advertising'.

It's a shame the flag has to fall into that category. But you have to make distinctions, or the highways will be blighted with advertising. The Supreme Court is correct. The state cannot put itself in the positiion to decide what is politically correct and what isn't.

Welcome to California. Now go home.
(except you up there, from West Palm Beach)

 

Good post Horsepuller. I think people tend to lose the forest for the trees sometimes.

The fact is, with the ruling being upheld by the Supreme Court, it's basically law throughout the US.

Waxy

 

There's no denying California has earned a reputation for being an extremely socialist minded state. It didn't earn its reputation as the "Left Coast" for nothing....

 

Whoever put up the post that "common sense is dead" should read Horsepuller's reply. At least one person in this country still has a whole lot of it. Thank you, Horsepuller- no one could have said it better.

 

Admitedly, California has earned it's reputation, right or left, no matter which way it's percieved. I wouldn't have it any other way. I'm proud to call myself a Californian. We have a good sense of humor and are usually the first to laugh and makes jokes about ourselves.

The difference between us and the rest of the country is, we let our fruit's and nut's walk around in the sunshine and fresh air. Even vote. While the rest of 'ya keep 'em locked up in the basement.

Now who enables more freedom?

C'mon now, don't you think Bubba needs a little walk and some fresh air?

Scott

"SoCal, most advanced third world country"

 

Actually, we just don't have as many fruits and nuts.... they usually move to California!

 

Groan... That explains it!

 

If the PRK did lock 'em in the basement, it just might look like a barren waste land.

 

If Kali did lock 'em in the basement, it would look like a barren waste land.

Oh? Is that your explaination for Texas and Wyoming?

Scott

 

He ain`t funny Ha Ha-- he`s funny queer!! <SLINGBLADE!!