MACDONALD: Challenges to Proposed ‘Flag Ban’ Will Fail

A bill is working its way through the New Hampshire legislature that would limit the flags and banners flown in the state’s public and charter schools.

Summary.

  • HB1132 – prohibiting the display of certain flags and banners in public schools and public charter schools.
  • Enforcement Issues.
  • Opponents of the new law don’t understand the law or the Constitution.
  • Why suing, should it become law, is a waste of time and money.
  • The ban will stand, here’s why.

House Bill 1132 will prohibit the display of certain flags and banners in public schools and public charter schools, and establish penalties for their display. A fine of up to 1,000.00 dollars per violation could be levied against offenders, but offenders of what exactly?

Distractions.

HB1132 isn’t anti-anything unless we mean anti-whatever is causing education costs to skyrocket while math and reading scores struggle well below proficiency. Yes, the usual suspects are necessarily outraged. Scores of gender-related flags, BLM flags, and others would result in a fine. But that’s the point. They are public schools, not pubic schools. The bill limits flag and banner presentation or display to the American flag, the State flag, any town or city flag or banner, and any school sports or similar flags or banners.

I. Flags and banners exempt from this section shall include:

(a) Flags and banners used for instruction in foreign languages, world geography, math, language arts, and United States history classes.

(b) Flags and banners officially representing the school, including those used at school sponsored sports and events;

(c) Flags representing a branch of the United States military.

(d) An official city or town flag of a city or town located in the state of New Hampshire.

Share

Sadly, the fine doesn’t drop on the first violation.

II. Any violation of this section shall result in a formal complaint being issued to the school superintendent, who within 5 days of receipt of the complaint shall determine the complaint’s validity. If the superintendent finds the complaint constitutes a violation of this section, the superintendent shall order the immediate removal of the prohibited flag from school premises, unless such flag was already removed, as well as issue the following penalties:

(a) For a first violation of this section, a warning shall be issued to the perpetrator of the offense.

(b) For a second violation of this section, the superintendent and local school board or governing body of a public charter school shall determine and issue a disciplinary action against the perpetrator of the offense.

(c) For a third violation and any additional violation of this section, the superintendent shall report the violation to the state board of education, which shall have the authority to issue penalties in accordance with 21-N:11, VI.

In other words, the groomers probably can get away with it a time or two or more. School boards and Superintendents might ignore reports and issue no warnings or letters of reprimand. The State School Board could drag its feet, and history suggests any or all of this is likely.

Unless.

Unless, of course, parents make it impossible for that to happen, which is likely why there is any outrage at all. Since the unnecessary COVID lockouts, distancing, masking, and vaccination demands, a new cadre of parents has risen to oppose the idiots in our education system. That would be the experts and spineless school boards and third parties who protect their nonsense.

Case in point.

“Let’s trust the local school boards to make the right decisions about their schools,” said Deb Howes, president of the state chapter of the American Federation of Teachers union.

How about no.

School boards refused to listen to parents or opposing experts during COVID. We knew everything they were doing was unnecessary, and they all did the wrong thing every time. Schools and School Boards regularly find themselves sued for infringing on parents’ and students’ speech and religious rights, as well as for creating special rights for some students at the expense of others. There is also the matter of return on investment. Are there any school systems that do not overcharge for what they call an education and then under-deliver?

No one would invest in their “business” if they had the choice not to, including the gay flag-waving, pro-government school grooming lunatics.

Sadly, HB1132 won’t solve any of that, but it can remove at least a few of the distractions that may contribute to the systemic failure in public education.

Deb Howes also claims that,

“This is a complaint-driven bill which leads to uneven enforcement, and frankly, challenges in the courts.”

Without getting lost in the deep dark liberal forest of “complaint-driven” everything, if the AFT, which is a partisan political action organization, not an education advocacy group, wants to sue, I’d say go ahead and waste your money, but you’ll be wasting taxpayers’ money at the same time.

Emphasis on waste.

In the Summer of 2023, the majority-Muslim town council of Hamtramck, Michigan, passed an ordinance banning all but a few flags on all city property.

The proposal called for the ban of all but five flags from being flown on city properties — including the American flag, the state of Michigan flag, the Hamtramck flag and the Prisoner of War flag. The fifth one is known as the nations’ flag, one that represents the countries from which the city’s immigrant residents hail and reflects the community’s international character.

The usual suspects sued and lost for reasons an even moderately well-educated Middle Schooler would understand if you could find one.

This week, Federal Court Judge David M. Lawson dismissed a lawsuit, filed by two former members of the Hamtramck Human Relations Commission, who were seeking to overturn the city’s ban on displaying a pride flag on public property.

In the 12-page opinion, the judge basically ruled that the city has the right to control what flags are displayed.

The city has the right, as do schools, but the defining factor here is something the city of Nashua refused to learn. There is no viewpoint discrimination. HB1132 does not ban gay flags and then allow thin blue line flags. The right of the legislature to ask schools to control the environment is an even-handed way, without political bias, that is constitutional, and if parents don’t like it, they can literally get some of their tax money back and school their kid in any number of other ways without any interference from government.

Can you imagine? A liberal scold taking advantage of school choice options they were told to oppose at all costs because the public schools could no longer engage in protected viewpoint discrimination.

The Bill passed the House but still faces hurdles, including the Republican Supermajority in the State Senate. I know, why would they stop it? It’s a great question and one you should ask your Senators. And while you’re at it, see if you can get them to put some real teeth back in, not that you’ll likely find any. Those are reserved for the Democratic majority Senate and the Republican State Senate in Florida.

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, award-winning blogger, and a member of the Board of Directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor, Executive Editor, assistant editor, Editor, content curator, complaint department, Op-ed editor, gatekeeper (most likely to miss typos because he has no editor), and contributor at GraniteGrok.com. Steve is also a former board member of the Republican Liberty Caucus of New Hampshire, The Republican Volunteer Coalition, has worked for or with many state and local campaigns and grassroots groups, and is a past contributor to the Franklin Center for Public Policy.

    View all posts
Share to...