Professor Volokh Cited by Wall Street Journal on High School Football Flag Ban

August 30, 2016 -- Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, commented to the Wall Street Journal about the constitutionality of a South Carolina high school ban on fans bringing an American flag to a game. In recent incidents, fans had waved flags while taunting Hispanic players from a rival school. The 1969 Supreme Court case Tinker v. Des Moines School District held that officials must show a threat of "substantial disruption" to censor students. Volokh said the school would need to show a genuine likelihood that displays of the flag would prompt vandalism or conflict.

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