This is an update to JCZ's post. Created a new since over JCZ's is over 30 days.
November 11, 2011
MORGAN HILL, Calif. -- A federal judge ruled against three Live Oak High School students who wore T-shirts depicting the American flag to school on Cinco De Mayo.
The judge sided with Morgan Hill Unified School District on Tuesday, stating that the district had the authority to force students to take off or conceal their patriotic clothing.On May 5, 2010, three students wore American flag T-shirts to school on the Mexican holiday. As students were hanging out on campus during lunchtime, then-Assistant Principal Miguel Rodriguez ordered the students to either remove their shirts or turn them inside out. The students refused, even after then-Live Oak High Principal Nick Boden stepped in.
The teens and their parents filed a lawsuit against the school district the following month, claiming that their constitutional rights to freedom of expression and equal protection were violated.
But U.S. District Court Judge James Ware decided Live Oak High School administrators could "reasonably forecast" that the students' clothing would cause a "substantial disruption to school activities."On Cinco De Mayo in 2009, racial tensions exploded when a fight broke out between a large group of white students and a large group of Mexican students at Live Oak High, the ruling states.
On that day, Mexican students were walking around the high school's campus with Mexican flags. In response, white students raised an American flag on a tree on campus while chanting "U-S-A."
White students and Mexican students swore and made threats at each other, and school administrators had to prevent physical violence from breaking out, the ruling states.The three students' lawyer, William J. Becker Jr., described Ware's ruling as "bizarre."
"The court found that the rights of students promoting their Mexican heritage trumped the rights of students expressing their patriotism, and who, incidentally, did not object to Cinco De Mayo activities," Becker said.
"If school officials felt the threat of potential disruption of the school day, they should have canceled the Cinco De Mayo event. Instead, this court held that the solution was to suppress speech that was meant to be supportive of this nation and non-confrontational," Becker said.
Becker said he plans to file an appeal.
Read more:
http://www.ksbw.com/education/29748700/detail.html#ixzz1dVVJyBqN