Mark Silverstein Side Quotations

The Colorado statute, however, applies only to American flags, which raises another constitutional issue. The Constitution prohibits what the case law calls 'viewpoint discrimination.' This means that the government cannot silence one side of a debate while allowing speakers who favor an opposing viewpoint. Thus, to the extent that personal display of American or Mexican flags now symbolizes opposing views on the current national debate about immigration issues, the Colorado statute cannot constitutionally protect the right of students to display the American flag while allowing a school to ban the display of a different flag.