South Bay Students Lose Court Battle Over 'Incendiary' American Flag T-Shirts

South Bay Students Lose Court Battle Over "Incendiary" American Flag T-Shirts

By Erin Sherbert Fri., Nov. 11 2011 at 8:50 AM

You are not free to wear this t-shirt in Morgan Hill schools

Three Morgan Hill students got a crash course in American civics this week when they lost a lawsuit against high school officials who sent them home for wearing American Flag t-shirts to school.

A judge dismissed the case against Live Oaks High School administrators, saying the Morgan Hill-based school did not violate the students' First and 14th Amendment rights when officials sent them home for refusing to turn their American flag t-shirts inside out.

The controversy started on Cinco de Mayo last year, when four students came to school wearing American-themed attire, including bandannas. School officials told the kids they had to turn their shirts inside out and hide the flag, otherwise it might provoke violence on the Mexican holiday.

But when the students refused, they were sent home.

Plaintiffs Dianna and John Dariano, parents of Matt Dariano; Kurt and Julie Ann Fagerstrom, parents of Dominic Maciel; and Kendall and Joy Jones on behalf of Daniel Galli filed the lawsuit against the school district, seeking nominal damages, including changing school policies to clearly state students' rights and protections under the Bill of Rights.

But a judge ruled against the students this week, saying "Because the school officials were responsible for the safety of the plaintiffs on a day-to-day basis, the court finds that they did not violate the First Amendment by asking plaintiffs to turn their shirts inside out to avoid physical harm."

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Tags:

American civics, American flag, Cinco de Mayo, Live Oaks High School, Morgan Hill, proud students

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James

Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. Ben Franklin, Historical Review of Pennsylvania, 1759

Mrbri1836

The only people that should be offended by the American flag are its enemies. I strongly oppose China & Iran but I would never oppose the display of their flag in their own country. It's a very sad day, especially on this Veteran's Holiday, when the USA flag is legally recognized as a hate symbol. If there wasn't a date on the article, one could easily interpret this as a decision made by the British Empire against the 13 colonies back in the 1700's.

Brad Convissar

Last time I checked, this was still the United States of America. It should NEVER be against the rules to wear an American flag t-shirt or other apparel. You think maybe, just maybe, that anyone who is offended by such clothing or may jump to violence because of such clothing probably shouldn't be living in this country?

Common Sense

It is not against the rules to wear an American flag t-shirt. It is against the rules to provoke other students with nationalism and bigotry. These students were obviously trying to prove that "this is America and we ain't celebratin' no damn Mexi-can holiday in AMERICA!" As the court's decision stated, the school is resposible for the safety of all students (including these three little red necks), so they made a judgement call in the best interest of the school.

After these kids graduate (or drop out) from high school, they can walk around wrapped in the flag shouting U-S-A all they want. However, while they are still minors under the supervision of school officials (on school property) they have to do as they are told or suffer the consequences.

Pull your head out of your red white and blue ass!

Weepingcrone

You are the bigot. An Anti-American bigot. U.S. citizens that live in Morgan Hill, said the majority of these so called Mexican-American children, are Mexicans, here ILLEGALLY. We are headed for war in this country and we know, who side you are on. Not ours.

Liberator27

Thats a nice double standard you hold for yourself. Safety over freedom of expression? If the school said no Mexican Flags on campus. You and the other anti-American crowd would would be angry that they could not protest America because of some precieved bias. Pull your head out of your Communist ass.