does he have the right?

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When has it been ok to bring a flag to p.e. class and run around waving it? The school has had a history of fights there and the teacher was trying to head it off. Now could the teacher of left it on the bench? Sure so some other kids could tear it up, spit on it or whatever and create a bigger problem.
Was the trash can one of those giant ones that you throw your towels in, sports balls whatever in?
Could the teacher have had somebody run it to an office, yea could have. Was the kid a problem kid? Was the class an unruly class?

There is a heck of a lot of information that is missing to jump to the conclusion that the teacher is a racist.

Has anybody been to the town they are talking about? It's a farming town, I would say almost half the people there are hispanic or darn close to it.
 
I'd be pissed if it was an Irish flag on St Patty's day but its certainly nothing to sue over. No ones rights were trampled, no one was hurt except for feelings.

US flag burning should be illegal in the US.
 
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