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School Principal Contacts FBI After Student Throws American Flag Out A Window

from the perhaps-the-most-'Murica-thing-that-has-ever-happened dept

In the stupidest case of school administrators taking federal agencies' names in vain since a Huntsville, AL school swore a phone call from the NSA prompted its secret social media monitoring program, a middle school principal from Espanola, NM is threatening to sic the FBI on a student who threw an American flag out a classroom window.

A middle school principal said a student was misbehaving with his friends and took things too far. The student threw an American flag out a second-story classroom window. Now the principal says the 14-year-old needs to be held accountable.
Sure, maybe a stern discussion with him and his parents and a couple of weeks of detention would do the trick. But that's not enough for Principal Robert Archuleta. He has already suspended the student for 10 days and is now pushing for his expulsion. But he also wants the feds to take control of the situation... because jingoism.
“He says, ‘Because I was just messing around,’ and he started to laugh,” Archuleta said. “Then the other kids were laughing, the kids that were with him. ‘There goes the flag.’ That was his last statement.”

The principal is a veteran. His father is also a veteran who fought in World War II.

“A lot of men have died over [the flag], men and women,” Archuleta said. “We fought to keep our country safe and to keep it free.”
Well, let's stop you right there, Robert. Nobody "died over the flag." The flag is a symbol of this country and what it stands for, but it is not what people die "over." They die defending this country and the freedoms it affords its citizens -- among them being the right to throw a flag out the window. It's not as starkly effective as burning it, but it's pretty much the same thing.

Archuleta believes this amounts to the federal crime of desecrating the flag… except that no such law exists. Sure, legislators who also mistakenly believe they've sent people off to "die over the flag" have repeatedly tried to pass laws making this a crime, and they have repeatedly been told "please stop doing this" by the Supreme Court. These same misguided lawmakers have also sought to dodge the court system entirely by proposing Constitutional amendments to the same effect, but have yet to see these ratified.

So, turning this student over to the FBI to be "held responsible" for a non-existent crime will be completely fruitless and only side benefit will be the entertainment it provides to those who enjoy watching fools prove themselves foolish. (Which, granted, is a lot of us...)
The FBI told KRQE News 13 they haven’t yet received the complaint yet, but if a federal crime was committed they will investigate and turn the results over to the U.S. Attorney’s office.
But there hasn't been, so it won't. All that will happen is that Archuleta will continue to make one student's life completely miserable because he doesn't seem to comprehend nothing more than a personally-offensive incident has taken place. And he's apparently willing to wrap himself in the now-dusty flag to do it. Loving your country is one thing. Assuming it won't be able to weather this 14-year-old's assault on one of its many symbols without federal intervention is quite another. And using your misguided patriotism as the impetus for punishments that far outweigh the non-crime is an abuse of the power granted to you by the public.

Filed Under: alabama, american flag, fbi, huntsville, robert archuleta, school, students

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  1. identicon
    Zonker, 12 Feb 2015 @ 4:29pm

    ... Archuleta said. “We fought to keep our country safe and to keep it free.”
    Principal/Veteran Robert Archuleta should face an ex post facto dishonorable discharge for attacking those very freedoms he claims to have fought for and violating his Oath of Enlistment:
    § 502. Enlistment oath: who may administer

    (a) Enlistment Oath.— Each person enlisting in an armed force shall take the following oath:
    "I, (state name of enlistee), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

    (b) Who May Administer.— The oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense."
    As the Supreme Court has ruled that "desecration of the flag" is protected under the First Amendment, his oath to support and defend the Constitution has been broken.

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