Court To Hear From Students Suspended For Wearing American Flag Shirts On Cinco de Mayo

Former high school students argue violation of free speech

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A federal appeals court in San Francisco will consider a lawsuit Thursday alleging that a California high school violated students’ free speech when they were not allowed to wear American flag t-shirts on Cinco de Mayo.

The suit stems from May 5, 2010, when three students wearing American flag t-shirts arrived at Live Oak High School in Morgan Hill, Calif., a town south of San Jose. Cinco de Mayo is often observed as a celebration of Mexican heritage, and other students warned administrators of possible trouble. The students wearing the flags were ordered to turn their shirts inside-out or to go home. They went home, and later filed a lawsuit alleging a violation of their free speech rights, the Associated Press reports.

In December 2011, a lower court tossed out the students’ lawsuit, ruling that school administrators have wide latitude to ensure the safety of their students.

[AP]

261 comments
american1001
american1001

This is crazy and extortion. No American should ever be afraid to wear their own flag. If people want their own flag, then leave. kissmyflaghole,com

j058420
j058420

Just because these Stu's were well within their rights to wear a shirt with a "picture" of our beloved flag on them....does not insure that they will get anywhere close to justice in the Marxist state of Kalifornia....

j058420
j058420

Typical.....The stu's were not wearing American Flags....for which the rules apply!!!  They were wearing T-shirts with a representation of our flag printed there on. Rules do not apply.....Google it....before you post what you "think" is the "truth!! 

rustyshacklberg
rustyshacklberg

he got suspended for violating USC title 4 chapter 8 section d which says : " The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free."

wafles
wafles

Ey i'm from mexico, and having said that.

The students were in all their right to wear an American flag, even if it was for purely antagonistic reasons, if they were wearing a racist/pornographic t-shirt i could understand the school, but wearing the American flag its neither.

Nobody even celebrates that day here in Mexico, except probably one city.

Funny thing like someone mention before, if it weren't for the U.S., Mexico would have remain under french control for a longer time, even if they helped us for selfish reasons, we learn that on middle school, and retake the subject on high school. No Mexican or Mexican-american has any place in feeling offended by an American wearing an American flag in any day of year.

In fact iv seen a few Americans in Puerto Vallarta wearing flags on other national celebrations and nobody gives a ......
This political correct climate is going to far now when you cant wear your own nation flag to school.

I applaud the students for defending their rights, hopefully this kind of shameful thing wont happen again in the future.

ANINDAUK
ANINDAUK

This school should be closed and the administration never allowed to be near children again.

MattMcLaughlin
MattMcLaughlin

 Concerning Live Oak High School in Morgan Hill, California and the conflict found in students wearing the American flag on Cinco de Mayo; its a shame nobody in the school district or in the courts pointed out that the Mexicans that defeated French troops one day (in a single battle prior to French occupation of Mexico City) and the Stars and Stripes fighting the Confederacy where on the same side of slavery. There should be no conflict on Cinco de Mayo about American flag T-shirts if people knew their history.


YEZILUU
YEZILUU

What I would like to know is how would people react if the tables were turned and people decided to wear a mexican flag shirt on 4th of july?? I mean I get the situation and i'm not saying these kids were trying to start something, but it kind of seems a bit pushy. Out of everyday to choose specifically that day to wear these shirts seems like a bunch of dumb kids trying to rile things up. I'm of Mexican descent from my fathers side and American from my mothers and I would never wear a mexican flag shirt on 4th of july nor would I wear and american flag shirt on 5 de mayo out of respect because regardless of how I might feel of the situations others might take offense... It just seem unnecessary and I'm smarter than that. Like I said before I don't know what these kids motives were, I don't know them, perhaps it was harmless but knowing how Highs School teens are and how they like to create unnecessary drama just for the fun of it which quite frankly is childish, immature, and just plain stupid makes this act feel a bit of an iffy circumstance. 

IanBortner
IanBortner

Do you think teachers in Mexico would suspend a Mexican student for wearing a shirt with the Mexican flag on it? 

suzann
suzann

PC IS KILLING THIS Country. Regardless of why the Students wore the US Flag

shirts unless there is a dress code last I checked this is still America. Sometimes

I have my doubts. Catering to the Mexican population is a priority in Washington.

roblarosa
roblarosa

It's a sad day when an American living in America can't wear an American flag shirt regardless of what day it is.

shockie1
shockie1

This is what happens when we let illegals into our school systems......Maybe we should have uniforms like Hitler did to the young .....?

jmartin5
jmartin5

Time needs to fix their article title.  The kids were not suspended.


Three of the flag-wearing students were given a choice of turning the shirts inside out or going home with excused absences, and opted to leave school. Two others whose shirts had less prominent designs were eventually allowed to stay, but one was taken home by his mother.

http://www.ktvu.com/news/news/crime-law/appellate-court-hear-cinco-de-mayo-american-tshirt/nbQgn/

"They said if we tried to go back to class with our shirts not taken off, they said it was defiance and we would get suspended," Dominic Maciel, Galli's friend, said.

The boys really had no choice, and went home to avoid suspension.

http://www.nbcbayarea.com/news/local/Students-Wearing-American-Flag-Shirts-Sent-Home-92945969.html

LoneStunMan
LoneStunMan

Merely an example of TeaBagger children who just could not pass up a chance to act as asininely bigoted as their parents, so they wore the American flag on Cinco De Mayo.

Everyone knows an old, white Tea Party member will never pass up an opportunity to act like a bigot and dress like a clown

michaelsuperman1
michaelsuperman1

1. Cinco de Mayo is not a Mexican holiday. It is an American holiday celebrating Mexicans.

FranklinRBurn
FranklinRBurn

@j058420  you should google before posting hate speech . it does apply and ALWAYS did ...I refer to rulings by the SCOTUS over flag clothing in the 60's and 70's and you just pull things you like out of your but-  the ruling in this case is wrong and it will+ must be over turned even unto the need for a civil war . Mexican nationals have NO RIGHTS in this nation and under the constitution of this nation...even with Eric Holder and Barry in charge-

FranklinRBurn
FranklinRBurn

@rustyshacklberg  nor true! In fact that is an out right LIE you just invented . why do liberal anti-Americans like you think you have a right to lie ? they where suspended for...look it up before I decide to look YOU up! 

rustyshacklberg
rustyshacklberg

@wafles its against united states federal law. USC title 4 chapter 8 section d which says : " The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free."

ANINDAUK
ANINDAUK

@YEZILUU This is their country. Your lack of loyalty is stupid, but these children are smarter than you

sherripalmer
sherripalmer

@YEZILUU should not matter, this is AMERICA, I do understand their reasoning and I like them for doing it!

sherripalmer
sherripalmer

@shockie1 you are right, everytime someone from another country/culture comes here, Americans lose part of our culture, we have to change BECAUSE THEY came here...this is not sane...

IanBortner
IanBortner

@jmartin5 The fact that these children were disciplined in any way whatsoever for this is a disgrace and all of the faculty involved in this atrocity need to be fired or even deported to Mexico. 

ANINDAUK
ANINDAUK

@LoneStunMan YOu are an idiot.  This is their country and they were wearing their country's flag in their country  

IanBortner
IanBortner

@LoneStunMan Go move to Mexico and enjoy their superior lifestyle if you hate this country so much.  

wyatt44mag
wyatt44mag

Last I checked we were living in the United States not Mexico. I don't see how showing a little pride in your country is "asinine" or "bigoted."  Men and women have died for that flag and if I want to I should be able to wear that damn flag 365 days a year. Matter of fact this article just inspired me to start wearing it every Cinco De Mayo. Would we see the same reaction if students wore a Mexical flag on our Independence Day? No, and It's the tolerant liberals like you and those school officials lack the balls do anything about it, that's the problem.

LT
LT

@LoneStunMan 

Yep.  Just like Obama, Jesse Jackson and Al Sharpton never pass up any chance to act like the race-baiting losers they really are.    Why aren't those guys protesting the acquittal of Jarelle Glenn, who was cleared of any wrongdoing because of the Stand Your Ground law a couple of days ago in Florida? How come they are not using this case like they did with Zimmerman to call for the repeal of that law?


Oh, that's right.  He's not whitey yo.

skrome
skrome

@LoneStunMan  

People have a right to act asinine. What they don't have a right to do is threaten someone or commit violence. It is those students that should have been suspended or told to go home not the 3 kids wearing the t shirts. This could have been a teaching opportunity but pc school officials blew it. What is kind of funny is how conservatives now defend wearing the American flag whereas when I was growing up in the 60s and 70s you could get arrested for doing so.

rick.tabulgater
rick.tabulgater

@LoneStunMan  I agree. They have proven this over and over again in recent times. They are the poison that is destroying America.

jmartin5
jmartin5

@LoneStunMan Meh, that's making too many assumptions.  The school administers handled it appropriately.  They gave the kids the choice to turn the shirts inside out or go home with excused absenses.  Based the fights on the day in past years revolving around kids with flags,  they made the right call. 

dmil4781
dmil4781

@LoneStunMan I'd find some validity to your argument if Cinco de Mayo was more than just the date of one battle, turned into a "holiday" in order to sell beer.

AdamHill
AdamHill

@michaelsuperman1 I feel so dumb. I just realized michael is trolling in an attempt to derail conversation. I'm usually so good at detecting these! :( My bad. I fed it the troll. Apologies.

AdamHill
AdamHill

@michaelsuperman1 Spamming comments sections to avoid existing discussions is in bad faith. Please reference your comments to our existing threads.

michaelsuperman1
michaelsuperman1

@skrome @LoneStunMan 

I could find nothing anywhere in this or other related articles stating that the non-US flag shirt guys threatened violence. Can you?

It is my understanding the school heard this could provoke an incident so in their manner to try to control hundreds of kids took the right to avoid the possibility of a fight (where most likely both groups of kids would be at fault to some extent).

ANINDAUK
ANINDAUK

@jmartin5 @LoneStunMan BS  The school handled it like the neo-nazis they are  They should be fired and I hope the kids case bankrupts the school district

MatthewCarothers
MatthewCarothers

@jmartin5 @LoneStunMan Any student who is offended by another student wearing an American Flag in an AMERICAN SCHOOL should NOT ATTEND A SCHOOL FUNDED BY AMERICAN TAXPAYER DOLLARS!!!!!

rick.tabulgater
rick.tabulgater

@dmil4781 @LoneStunMan Kinda like Christmas, Thanksgiving, Columbus day, Veterans day, Lincoln's b-day, Washington's' b-day--- yep all new holidays for shopping and getting drunk. We need more

michaelsuperman1
michaelsuperman1

@AdamHill @michaelsuperman1 

You are incorrect on all levels. I was simply making a separate observation and not in any way responding to an existing thread. Hopefully you can understand that.

michaelsuperman1
michaelsuperman1

@skrome @michaelsuperman1 @LoneStunMan 

So you agree, they did their job.

Which is the same job they do in regard to the dress code and not allowing a number of other types of attire. They hear it might be an issue that causes a fight and act accordingly. 

Christine1965
Christine1965

@MatthewCarothers @jmartin5 @LoneStunMan 

I could not have said this better myself, Matthew!  As a PROUD daughter of a Vietnam Veteran, my father put his life on the line for 3 years to protect our rights and our freedoms and THE AMERICAN FLAG.  Because of his service, I lost my father at the "ripe old age" of 58 as a direct result of exposure to Agent Orange, so it's my God given right as an American citizen - BORN AND BRED, not by sneaking over an unprotected border ILLEGALLY - to wear that flag PROUDLY.  I DARE someone here illegally, or some damn bleeding heart liberal supporting them with my damn tax dollars, to try and stop me from doing so. 

michaelsuperman1
michaelsuperman1

@MatthewCarothers @jmartin5 @LoneStunMan 

So by that logic I assume it's ok for students to be offended if a student wears a flag of another country?  This is not about patriotism. This is about kids being kids. One group try to provoke another.... for whatever reason and in whatever manner. When that occurs the children may start a fight with each other. In order to keep the chances of that to a minimum the staff takes steps they believe will assist. That's all. If a fight were to commence both groups of students would be wrong. The school would prefer there be no fight and as they are responsible for hundreds of students they take measures accordingly.  

dmil4781
dmil4781

Except that all of the ones you listed have SOME relation to US History.


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