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Court: School can ban American flag shirts on Cinco de Mayo
By Valerie Strauss
A federal court judge ruled that officials at a California high school had a legal right to send home students wearing shirts showing the American flag on Cinco de Mayo because there was a reasonable fear that the images could lead to violence.

Chief U.S. District Judge James Ware of San Francisco ruled last week that it was not a violation of the freedom of speech for students at Live Oak High School in Morgan Hill to be ordered to turn their shirts with the American flag inside out or go home on May 5, 2010, the San Francisco Chronicle reported.Two students were sent home.

Ware cited past clashes between Mexican-American and Anglo students over clothing on the holiday, which is a celebration of Mexican heritage and in Mexico commemorates a Mexican army victory over the French in 1862. (It is not Mexican Independence Day.)

Students wearing the shirts had sued the Morgan Hill Unified School District on the grounds that their right to free expression had been violated as well as on discrimination because students wearing Mexican flag colors were not censored. Ware rejected both issues.

The Supreme Court in 1969, ruling that students could legally wear black armbands to class to protest the Vietnam War, said schools can bar student expression when there is a threat that there will be disruptions to actual learning.

But the judge noted that federal court rulings since then have said that some student expression could put those students in jeopardy and that school officials could take action if they feared in advanced that trouble could result. Several courts, for example, have approved bans on Confederate flags in schools with racial tension

Ware also rejected the students’ claim of discrimination. The judge wrote that while the students wearing the shirts with American flags had told a school official that they knew they might be in danger but wanted to keep the shirts on anyway, there was no evidence that youths who wore clothing with Mexican flag colors were in danger.

“All students whose safety was in jeopardy were treated equally,” the judge wrote.

Bill Becker, a lawyer for the students, was quoted by the Chronicle as saying, “The court found that the rights of students promoting their Mexican heritage trumped the rights of students expressing their patriotism.” He said he would appeal.

Live Oak High School has about 1,300 students, 20 percent of them English-language learners and 18 percent of students come from low-income families.

Real Mexicans can't stand that we celebrate Cinco de Mayo anyway. The problem starts at the source. Why is this a holiday? Oh because there is money to be made ....

So can they wear shirts with white people on them during Black History month?

A Ferdinand Magellan hoodie on Columbus Day?

This happened in California? How progressive!

So if I see a Hispanic with a Flag Tshirt other than USA on 4th of July I can have them arrested for possibly inciting a riot?

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Bill Becker, a lawyer for the students, was quoted by the Chronicle as saying, “The court found that the rights of students promoting their Mexican heritage trumped the rights of students expressing their patriotism.” He said he would appeal.

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Let me rephrase this to more accurately portray it:

The court found that the rights of students promoting their Mexican heritage trumped the rights of students promoting their American heritage.

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Ware cited past clashes between Mexican-American and Anglo students over clothing on the holiday,

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So they are Mexican-American kids but the others are "Anglo" kids?

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which is a celebration of Mexican heritage and in Mexico commemorates a Mexican army victory over the French in 1862. (It is not Mexican Independence Day.)

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I don't see how this affects what my kids can and cannot wear the school... you know, IN AMERICA.

the only thing the french should be allowed to host is an invasion - johnny english.

i thought it pertained to the joke about the FRENCH! haha

my 2 cents. If you want to celebrate Cinco deMayo go right ahead, and do it in MEXICO.

If I want to celebrate the 4th of July I am fine with only celebrating it in my home country

I'm not with this. The policy should read: Cinco De Mayo, MLK Day, Columbus Day, Veterans Day, etc. are holidays that give all Americans a chance to celebrate American cultural development. On these days, any student can wear anything that positively celebrates American or Global culture in any way shape or form.

What the policy should not say: Americans can't wear American flag t-shirts on specific days throughout the school year. - Complete unpatriotic super-liberal garbage. I'm so sick of people who don't like this country. Just get out already.

Wearing a shirt with an American Flag on it COULD lead to violence?

Are you kidding me?

I'm tellin you, America would be a better place if we just gave California back to Mexico

This really isn't about the flag. It is about the right of a school administration to ban a symbol it feels will cause tension.

As was given in example, schools have the right to bar the Stars and Bars if it feels such display will create a danger.

I have no problem with the ruling in so far as the state of things. It is what it is.

My real concern is how we got to this point....some in the article are described as Mexican Americans and the others as Anglo's. Why not call them Gringos??

The flag should never be banned from being displayed, but in this divisive culture we have worked so hard to promote, we have no national identity.

We were a melting pot, but now I am afraid the pot is starting to melt.

It's the "progressive" way!

You read it here first.....good enough for me.

I think we hash this same topic around every year. I recall the same things being said. I wonder if they take down the American flag in front of the schools on that day. And of course its San Fran....the place makes me ill.