Judge: School Can Ban American Flag Shirts

**Prince** · 11-12-2011, 02:06 PM

Judge: School Can Ban American Flag Shirts
Nov 10, 2011

A federal court has ruled that a California public school had the authority to prevent students from wearing clothing emblazoned with pro-American messages on the Mexican holiday Cinco de Mayo.

U. S. District Court Judge James Ware was ruling in a case involving students at Live Oak High School in Morgan Hill, CA, who were banned from wearing American flag t-shirts on the Mexican holiday in 2010.

The judge determined that the Morgan Hill Unified School District did not violate the First Amendment and said that concerns by school officials over possible violence justified censoring the pro-American message.

“The school officials reasonable forecast that Plaintiff’s clothing could cause a substantial disruption with school activities, and therefore did not violate the standard set forth – by requiring that Plaintiff’s change,” the judge wrote.

“This is nothing more than political correctness,” said John Whitehead, president of the Rutherford Institute. His organization, along with Thomas More Law Center, represented the students and their families in the lawsuit.

“If these kinds of decisions are upheld, they will destroy our First Amendment rights,” Whitehead told Fox News.

The lawsuit stems from an incident that generated national attention last May when three students wore patriotic t-shirts, shorts and shoes to class.

Whitehead said the boys were approached by assistant principal Miguel Rodriguez who instructed them to either remove their pro-American shirts or turning them inside out.

“The students were told their shirts would offend Hispanics,” Whitehead said.

The students refused to change because they said it would be disrespectful to the flag. At that point, Whitehead said they were ordered to the office where Rodriguez allegedly lectured the trio on Cinco de Mayo and told them that their clothing would offend Hispanic students on “their” day.

Whitehead said the school’s behavior was incredibly offensive.

“It’s offensive to most Americans,” Whitehead told Fox News. “The symbol of America is the American flag.”

The school district maintained their only concern was student safety – and that’s why they asked the boys to change their shirts.

Wes Smith, the superintendent of the school district, told Fox News that he is “very satisfied with the decision.”

“We were encouraged to hear that the federal court found student safety paramount,” Smith said. “The other finding – that we did not infringe or deny students their First Amendment rights was also encouraging.”

Rutherford said they plan on appealing the judge’s decision, arguing that it sends a terrible message to students.

“It teaches students that at any moment, any time, a state official can shut down free speech and that’s what we’re going to fight against,” he said.

Smith noted that the 2011 Cinco de Mayo celebration went off without a hitch.

Judge: School Can Ban American Flag Shirts | FOX News & Commentary: Todd Starnes

**Prince** · 11-12-2011, 02:07 PM

all I can say is wow!

**Killermonkey** · 11-12-2011, 02:11 PM

Fuck the meximelts, go back to Mexico if you don't like it!

**DOMS** · 11-12-2011, 02:13 PM

Not surprised at all.

The judge:

If the Mexicans have an issue with the American flag, they can go the fuck back to the shit hold that is Mexico.

**Zaphod** · 11-12-2011, 03:19 PM

Originally Posted by DOMS

Not surprised at all.

The judge:

If the Mexicans have an issue with the American flag, they can go the fuck back to the shit hold that is Mexico.

And they can go fuck themselves while they're at it.

**anxious1** · 11-12-2011, 03:26 PM

When I was in school in SA it was the same, I actually got suspended for racial discrimination for fighting on Cinco De mayo.

I Joined the military so those who wish to be free could. For I joined to potentially give my life for everyone to be free. I am an American, they are Americans, so they are free to speak out on their patriotism!!! Show their support for our country. The country men have died for, my buddies have died for. I don't give a fuck about what that judge says. That needs to be declared unconstitutional... I would give my life for those kids freedom to wear the FLAG THAT MEANS FREEDOM...

**Killermonkey** · 11-12-2011, 07:05 PM

Die Commi Fucks!!!

**Dark Geared God** · 11-12-2011, 07:53 PM

Originally Posted by DOMS

Not surprised at all.

The judge:

If the Mexicans have an issue with the American flag, they can go the fuck back to the shit hold that is Mexico.

**meow** · 11-12-2011, 08:53 PM

Political Correctness is the death of America. Who gives a fuck if its the 5th of May; if you live in America, you should have every right to fly your flag.

**KelJu** · 11-12-2011, 09:06 PM

Censorship of any form is bullshit. But, let's think back about the people who wanted to ban latin american students from wearing flags of their mother country. Seems like things are coming back to bite people in the ass, and I think it is funny.

**DOMS** · 11-12-2011, 09:14 PM

Originally Posted by KelJu

Censorship of any form is bullshit. But, let's think back about the people who wanted to ban latin american students from wearing flags of their mother country. Seems like things are coming back to bite people in the ass, and I think it is funny.

How about they wear the flag of their shitty country back in their own shitty country?

**Little Wing** · 11-12-2011, 09:35 PM

it's shitty journalism that the article doesn't say if ONLY American flags are banned on that day or mexican ones too.

**anxious1** · 11-12-2011, 09:39 PM

Originally Posted by Little Wing

it's shitty journalism that the article doesn't say if ONLY American flags are banned on that day or mexican ones too.

You are correct.
Yet we know with out a doubt it is just the conflicting American flag that our service members have died to defend is the single flag banned.

**Little Wing** · 11-12-2011, 09:39 PM

Cinco de Mayo (Spanish for "fifth of May") is a holiday held on May 5. It is celebrated nationwide in the United States and regionally in Mexico, primarily in the state of Puebla,[1][2][3][4] where the holiday is called El Dia de la Batalla de Puebla (English: The Day of the Battle of Puebla).[5][6][7] The date is observed in the United States as a celebration of Mexican heritage and pride,[8] and to commemorate the cause of freedom and democracy during the first years of the American Civil War.

Consequences to the United States

Some historians have argued that France's real goal was to help break up the American Union, at the time in the midst of a civil war, by helping the southern Confederacy:[26] "The Mexicans had won a great victory that kept Napoleon III from supplying the confederate rebels for another year, allowing the United States to build the greatest army the world had ever seen.

**anxious1** · 11-12-2011, 09:44 PM

Originally Posted by Little Wing

Cinco de Mayo (Spanish for "fifth of May") is a holiday held on May 5. It is celebrated nationwide in the United States and regionally in Mexico, primarily in the state of Puebla,[1][2][3][4] where the holiday is called El Dia de la Batalla de Puebla (English: The Day of the Battle of Puebla).[5][6][7] The date is observed in the United States as a celebration of Mexican heritage and pride,[8] and to commemorate the cause of freedom and democracy during the first years of the American Civil War.

Consequences to the United States

Some historians have argued that France's real goal was to help break up the American Union, at the time in the midst of a civil war, by helping the southern Confederacy:[26] "The Mexicans had won a great victory that kept Napoleon III from supplying the confederate rebels for another year, allowing the United States to build the greatest army the world had ever seen.

You are far more informed than the high school students...
They don't care about heritage, they just flaunt the Mexican flag in a rebellious manner.

**Little Wing** · 11-12-2011, 09:46 PM

sometimes i think most people are just whiny bitches that want a reason to be pissy. schools make the cuntiest rules about insignificant shit. how about just deal with the fucking troublemakers.

**Little Wing** · 11-12-2011, 09:49 PM

too many overactive anal optic nerves.

**anxious1** · 11-12-2011, 09:50 PM

Originally Posted by Little Wing

sometimes i think most people are just whiny bitches that want a reason to be pissy. schools make the cuntiest rules about insignificant shit. how about just deal with the fucking troublemakers.

I was in all kinds of trouble in HS because I was patriotic... I wasn't going to take someone putting down a country that provided their family shelter, security, and jobs.

Schools attack the wrong issues. They should focus more on academia, and athletics for our undereducated obese youth.

**Little Wing** · 11-12-2011, 09:55 PM

sadly i think very early on they should teach human decency and strength of character too because a lot obviously aren't getting those lessons at home.

**anxious1** · 11-12-2011, 10:01 PM

Originally Posted by Little Wing

sadly i think very early on they should teach human decency and strength of character too because a lot obviously aren't getting those lessons at home.

I concur, have you ever watched "Lions for Lambs"?

**Little Wing** · 11-12-2011, 10:09 PM

no. i'll look it up. thanks.

**Chrisotpherm** · 11-12-2011, 10:10 PM

Absolutely ridiculous and the joker judge should be prosecuted for selling his country out for THOSE ARE NOT EVEN FREAKING LEGALLY HERE. What a loser bro's

**anxious1** · 11-12-2011, 10:14 PM

Originally Posted by Little Wing

no. i'll look it up. thanks.

Phenomenal movie. You'll learn partly why I joined the service. It also goes into what you mentioned about teaching kids values.

**Little Wing** · 11-12-2011, 10:37 PM

i'll be sure to see it.

**Vibrant** · 11-12-2011, 10:46 PM

It doesn't feel like it anymore, that we are living in a democratic country anymore. How could wearing a symbol of pride for your country be banned in your country?

**anxious1** · 11-12-2011, 10:52 PM

Originally Posted by Vibrant

It doesn't feel any more like we are living in a democratic country anymore. How could wearing a symbol of pride for your country be banned in your country?

That's the thing, it isn't ONLY a symbol of pride. The American flag defines our country, and those who have given themselves for it. I carries the blood of men who have died, or been wounded. Holds stars for the dreams that can become reality, and a neutral color that shows equality, and equal opportunity. Now of this means anything to people anymore. If I have a flag tatted on my back then I am a hick, or redneck, not a patriot. Fuck them, fuck that judge, and any other person who dares take away my freedom, or anyone else'.

**Little Wing** · 11-12-2011, 11:23 PM

To sin by silence when they should protest makes cowards of men.
Abraham Lincoln

**HialeahChico305** · 11-12-2011, 11:29 PM

Originally Posted by Little Wing

sometimes i think most people are just whiny bitches that want a reason to be pissy. schools make the cuntiest rules about insignificant shit. how about just deal with the fucking troublemakers.

This x 10. anyone getting gray hairs over the flag censorship needs to stop being a sissy and get over it. its irrelevant.

**GearsMcGilf** · 11-12-2011, 11:40 PM

Since when does anyone have a constitutional protection against being offended? If my American flag shirt offends someone, isn't it on them to gtf over it? If I see someone sporting a Che Guevara t-shirt and I'm offended, can I go to the police and have him forced to remove it? If a Hispanic student wears a Mex flag shirt to school, will he be forced to remove it? I think we know the answer to those questions.

How ironic it is that I can walk around here in Beijing wearing a US flag shirt all day and no one gives a shit. Yet, a high school kid in CA isn't allowed the same freedom of expression. Once again, we're becoming our own worst enemy. Glad I'm not there anymore frankly.

**Browncoatjw** · 11-13-2011, 08:22 AM

Yeeesh. Kind of surprised. If the principal thinks a t-shirt might get the kids in a physical confrontation, shouldn't the principal go after the kids who may allegedly start the confrontation?

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