Showing posts with label Cinco de Mayo. Show all posts
Showing posts with label Cinco de Mayo. Show all posts

Monday, August 31, 2015

"Maker of ‘Just Mayo’ spread warned by FDA that mayonnaise needs eggs"

"The Food and Drug Administration sent a letter to the maker of the mayonnaise alternative earlier this month, noting that the product’s name and label could be misleading. The FDA notes that mayonnaise must contain eggs, according to its standard of identity — and that Just Mayo does not."
“The term ‘mayo’ has long been used and understood as shorthand or slang for mayonnaise,” the agency said in the letter to Hampton Creek, the maker of Just Mayo. The San Francisco-based company has positioned the spread as a healthier and more environmentally friendly alternative to mayonnaise.
Tetrick (Hampton Creek CEO) said he doesn’t think the company will end up having to change its name.
“We feel good about where we are from a regulatory perspective, from a legal perspective,” Tetrick said.

Thursday, February 27, 2014

Volokh: "Not safe to display American flag in American high school"

"Today’s Dariano v. Morgan Hill Unified School Dist. (9th Cir. Feb. 27, 2014) upholds a California high school’s decision to forbid students from wearing American flag T-shirts on Cinco de Mayo. (See here and here for more on this case.)"
The court points out that the rights of students in public high schools are limited — under the Supreme Court’s decision in Tinker v. Des Moines Indep. Comm. School Dist. (1969), student speech could be restricted if “school authorities [can reasonably] forecast substantial disruption of or material interference with school activities” stemming from the speech...
After citing the relevant cases, which I left out here, Volokh expands on what the decision means and it's possible ramifications.
This is a classic “heckler’s veto” — thugs threatening to attack the speaker, and government officials suppressing the speech to prevent such violence. “Heckler’s vetoes” are generally not allowed under First Amendment law; the government should generally protect the speaker and threaten to arrest the thugs, not suppress the speaker’s speech...

The 9th Circuit decision may thus be a faithful application of Tinker, and it might be that Tinker sets forth the correct constitutional rule here...

Yet even if the judges are right, the situation in the school seems very bad. Somehow, we’ve reached the point that students can’t safely display the American flag in an American school, because of a fear that other students will attack them for it — and the school feels unable to prevent such attacks (by punishing the threateners and the attackers, and by teaching students tolerance for other students’ speech). Something is badly wrong, whether such an incident happens on May 5 or any other day.

And this is especially so because behavior that gets rewarded gets repeated.
WAPO, via an Iowa hawk tweet of Instapundit.