Federal Court Upholds [public schools] U.S. Flag Ban On Cinco De Mayo; Lawyer Vows To Take Case To U.S. Supreme Court

Article publisher: 
Fox Latino
Article date: 
19 September 2014
Article category: 
National News
Article Body: 

A federal appeals court will not reconsider a unanimous February ruling upholding the actions of a principal in a Northern California high school who ordered students wearing American flag shirts inside out during a 2010 Cinco de Mayo celebration ... in  the San Jose suburb of Morgan Hill ... 

In 2009, a group of Mexican-American students waved a Mexican flag around the Live Oak campus.

Some non-Hispanic students then raised the American flag on a tree, and the two groups exchanged profanity-laced threats. 

The next year, after the principal issued the order for students wearing Stars and Stripes shirts to turn them inside-out or go home with an excused absence, the incident garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing.

Three children and their parents sued the school district with the assistance of the American Freedom Law Center and other conservative legal organizations ...

In February, a three-judge panel ruled that it was not the court’s place to second-guess the school’s anti-violence efforts.

"The past events "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real," Judge M. Margaret McKeown wrote for the panel ... 

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CAIRCO Research: 

SNOPES:  TRUE:  "May of 2009, a Cinco de Mayo event at Live Oak High School (a school with a history of violence and gang issues) in Morgan Hill, California, sparked a clash between white students and students of Mexican descent"

... A group of Mexican students had been walking around with the Mexican flag, and in response to the white students' flag-raising, one Mexican student shouted "f*** them white boys, f*** them white boys." When Assistant Principal Miguel Rodriguez told the student to stop using profane language, the student said, "But Rodriguez, they are racist. They are being racist. F*** them white boys. Let's f*** them up." Rodriguez removed the student from the area ...

A year later, on Cinco de Mayo 2010, a group of Caucasian students, including the students bringing this appeal, wore American flag shirts to school. A female student approached M.D. that morning, motioned to his shirt, and asked, "Why are you wearing that? Do you not like Mexicans[?]" ...Citing past clashes between Mexican American and Anglo students over their clothing on the Mexican holiday, Chief U.S. District Judge James Ware of San Francisco said school officials "reasonably forecast that (the shirts) could cause a substantial disruption" ...


Flashback: 'Si Se Puede!' Mexican Protesters Slap U.S. Flag to the Ground at Morgan Hill Rally-

On Friday, as TRN reported, a Federal court approved banning the U.S. flag in a U.S. school to appease violent threats from Mexican students, at Live Oak High School in Morgan Hill, California ...This followed a 2010 incident on Cinco de Mayo, when American students wearing U.S. flag t-shirts were ordered by the principal to take them off, and then sent them home when they refused to do so. The students later sued and evidence at trial showed numerous violent racist threats from Mexican students at the school ...


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