Court: School Can Ban US Flag Shirts
Calif. school wanted to prevent Cinco de Mayo fights
By Rob Quinn, Newser Staff
Posted Feb 28, 2014 12:57 AM CST
Not acceptable garb at Live Oak High School on Cinco de Mayo.   (PRNewsFoto/Gap Inc.)

(Newser) – A history of violence between white and Latino students justified a California high school's 2010 decision to order students wearing American flag T-shirts on Cinco de Mayo to turn them inside out or go home, a federal appeals court has decided. "Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence," a judge wrote for the unanimous three-judge panel, which cited previous cases where school safety was judged more important than students' First Amendment rights, the AP reports.

Lawyers for students at the suburban San Jose high school who were wearing the shirts plan to appeal all the way to the Supreme Court if necessary. "This is the United States of America," the parent of one Live Oak High School student who was sent home tells the San Jose Mercury News. "The idea that it's offensive to wear patriotic clothing ... regardless of what day it is, is unconscionable to me."

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Showing 3 of 146 comments
Mar 3, 2014 12:57 PM CST
According to the US Flag Code The flag should not be used as "wearing apparel, bedding, or drapery".... How is wearing the flag patriotic then?
Mar 3, 2014 12:00 PM CST
And Ben Franklin said, "He who sacrifices freedom for security deserves neither".
Mar 3, 2014 10:04 AM CST
what the supreme court has defined here is a place where government has no business. Any time a judge thinks himself qualified to tell a child "Here you shall not pray", or "Your rights do not apply here", there is the very definition of a place where the judge has no authority to make any such claim. And failing to understand and state that, has also defined the reason for his own unemployment.