Court rules school can ban American flag shirts to avoid racial strife

By on February 28, 2014

A federal court ruled Thursday that a northern California high school did not violate the constitutional rights of its students when school officials made them turn their American flag T-shirts inside out on Cinco de Mayo or be sent home due to fears of racial violence.

The three-judge panel unanimously decided the officials’ need to protect the safety of their students outweighed the students’ freedom of expression rights.

Administrators at Live Oak High School, in the San Jose suburb of Morgan Hill, feared the American-flag shirts would enflame Latino students celebrating the Mexican holiday, and ordered the students to either turn the shirts inside out or go home for the day.

The school had a history of problems between white and Latino students on that day, and also had a documented history of violence between gang members and between racial groups. The court said these past problems gave school officials sufficient and justifiable reasons for their actions and that schools have wide latitude in curbing certain civil rights to ensure campus safety.

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  • maxxxem

    By by Patriotism.

  • Rich Rennier

    why not ban Cinco De Mayo for the same reasons?

  • Whatsmyname2

    That is strange because on Columbus Day the Italians fly the American flag proudly next to the Italian flag. On St. Patrick’s Day, the Irish march proudly with the American flag alongside the flag of Ireland. Why do these Mexicans get to diss America on their holiday? Most of them are illegal anyway and don’t want to respect the laws here. They want to come as conquistadors instead of immigrants.

    I think this sends a bad message to American kids that their rights are not protected in their own country by their own leaders. If the school can’t prevent gang violence in the classroom, they have bigger problems than someone wearing a certain tee shirt.

    This pansy excuse of stopping violence is always trotted out when they need an excuse to destroy America some more. The real agenda is Americans who hate America, not Mexicans charging like bulls at the sight of the stars and stripes.

    I am sure some Mexicans who can respect America are offended by this as well. I think this is just a stupid policy and ruling.

    • Michelle Aime

      Well said WMN2

  • I Believe

    Chilling First amendment free exercise of speech censorship. The American flag shirt is a form of speech. Leave it to the Ninth Circuit to stomp on the 1st amendment.

  • frankfan42

    The agenda is clear, to diminish display of National pride and unity. That our “Leaders” have an agenda that is not good for us or our kids should not be a surprise to anyone reading this at this web site.

  • Stewart “Stu” Pidasso

    It is a matter of time before they change the national flag.

  • Ken Valley

    I’m so sick of these left-wing Activist Judges, who are nothing more than Anti-America and anti-Constitution pigs! Judge M. Margaret McKeown, appointed by Bill Clinton, was the biocth who allowed this ban–in favor of the Illegals in Mexifornia! And, our (do-nothing) Congress still want to grant amnesty to these Illegal criminals, for blatantly slapping every American in the face? These slimey left-wing Judges need to be called out and burn at the stakes!

  • 69lobby

    These Judges need to be Voted in not Appointed in…….

  • Amy Cupples


  • Teresa Geib Bacon

    For the life of me I cant figure out why people want to move to USA, and then try to get the same rights they had in the country they left. GO HOME. I cant go there and change the world nor would I expect to. Being free still has limits.