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View Full Version : Judge backs school who sent home students wearing USA flag shirts on Cinco de Mayo



pwaldo
11-13-2011, 10:38 PM
http://www.dailymail.co.uk/news/article-2061048/Judge-backs-school-sent-home-students-wearing-American-flag-shirts-Cinco-Mayo.html


A school principal who sent home students wearing shirts showing the American flag on Cinco de Mayo had a legal right to do so, a judge has ruled.

Chief U.S. District Judge James Ware said school officials in Morgan Hill, California reasonably feared violence, which led them to ask the pupils to turn the shirts inside out or leave.

Students at the school are appealing the decision which meant ‘the rights of students promoting their Mexican heritage trumped the rights of students expressing their patriotism’, according to their lawyer.

The case arose at Live Oak High School in Morgan Hill, California on 5 May last year, as some students celebrated their Mexican heritage.

Daniel Galli, Austin Carvalho, Matt Dariano and Dominic Maciel were sent home after wearing American flag t-shirts.

Three of the families sued the Morgan Hill Unified School District on the grounds that their right to free expression had been violated. They added that there had been discrimination as students wearing Mexican flag colours were not censored.

While the Supreme Court has ruled that public school students have the right to engage in non-disruptive free speech, that ruling ‘does not require that school officials wait until disruption occurs before they act’, Ware said.

Mark Posard, a lawyer for the Morgan Hill Unified School District, said Friday that Ware's decision ‘affirmed that school safety is paramount’.

Bill Becker, a lawyer for the youths and their parents, said they would appeal ‘this bizarre ruling’.

Speaking to the San Fransisco Chronicle, he added: '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.

duane1969
11-13-2011, 10:47 PM
I have so many thoughts that I can hardly get them straight...

* The latino students were threatened by the site of an American flag on a shirt?

* Why am I not surprised this was in California?

* So it is wrong to wear an American flag in an American school because a Mexican holiday is being observed?

My brain hurts.

gladdyontherise
11-13-2011, 11:11 PM
I have so many thoughts that I can hardly get them straight...

* The latino students were threatened by the site of an American flag on a shirt?

* Why am I not surprised this was in California?

* So it is wrong to wear an American flag in an American school because a Mexican holiday is being observed?

My brain hurts.

My thoughts as well. It really doesn't make any sense, but I'm not suprised.

I will say this though, I think any Country's flag on a tshirt that is worn on another countrys holliday will anger some people. It shouldn't, but I have no doubts that it would.

INTIMADATOR2007
11-13-2011, 11:18 PM
What has happend to our country . The thought of someone being offended by our flag in our own country is disgusting . They wouldn't have put up with this crap in the old days .

tutall
11-13-2011, 11:25 PM
I am in no way agreeing with what was done... ButI do remember when this originally happened there was more to it than this story reports... There was a reason that actually somewhat made sense

jaybird_1981
11-13-2011, 11:55 PM
Ridiculous.

theonedru
11-14-2011, 12:50 AM
Celebrating Cinco de mayo outside the Mexican state of Puebla is just silly.

According to wiki for your folks knowledge

In the state of Puebla, the date is observed to commemorate the Mexican army's unlikely victory over French forces at the Battle of Puebla on May 5, 1862, under the leadership of General Ignacio Zaragoza Seguín. Contrary to widespread popular belief, Cinco de Mayo is not Mexico's Independence Day the most important national patriotic holiday in Mexico which is actually celebrated on September 16

Theodor Madison
11-14-2011, 12:57 AM
This is the United State of America, you should be able to wear a shirt w/ a US flag anywhere, anytime.

duane1969
11-14-2011, 09:14 AM
Celebrating Cinco de mayo outside the Mexican state of Puebla is just silly.

According to wiki for your folks knowledge

In the state of Puebla, the date is observed to commemorate the Mexican army's unlikely victory over French forces at the Battle of Puebla on May 5, 1862, under the leadership of General Ignacio Zaragoza Seguín. Contrary to widespread popular belief, Cinco de Mayo is not Mexico's Independence Day the most important national patriotic holiday in Mexico which is actually celebrated on September 16

See, I didn't know that. It puts a whole new light in Cinco de Mayo for me.


I am in no way agreeing with what was done... ButI do remember when this originally happened there was more to it than this story reports... There was a reason that actually somewhat made sense

I realize that there may have been a bigger issue than this article reveals, but that doesn't change the basic fact that students were punished for showing pride in their country.

I will wager that the PC staff at that school would slit their own throats before sending home a latino student for wearing a Mexican flag t-shirt on an American holiday.

mrveggieman
11-14-2011, 10:07 AM
I got mixed views on this. I think that the students who were wearing the usa shirts were doing it out of spite to the mexican students. That being said everyone should be able to represent where they are from and unless it was shown that there was going to be a disturbance due to the patriotic t-shirts. I also disagree with the students getting suspended for wearing the usa t-shirts. If it was that serious everyone should have been told to change their shirts regardless of what country they were representing.

duane1969
11-14-2011, 10:30 AM
i got mixed views on this. I think that the students who were wearing the usa shirts were doing it out of spite to the mexican students. That being said everyone should be able to represent where they are from and unless it was shown that there was going to be a disturbance due to the patriotic t-shirts. I also disagree with the students getting suspended for wearing the usa t-shirts. If it was that serious everyone should have been told to change their shirts regardless of what country they were representing.

+1

angel0430
11-14-2011, 12:22 PM
I understand everyones post. The reason they did is because last year when the Mexican wore a tshirt with their flag on that day, some american students hoisted a flag on a tree and both sides started some confrontation. This was made just to prevent anything from happening.

Star_Cards
11-14-2011, 12:34 PM
why is a principal even wasting a second of his time on a kids flag shirt? surely he has something more important to work on.

not to mention a judge having to waste his time on the matter.

duane1969
11-14-2011, 01:12 PM
I understand everyones post. The reason they did is because last year when the Mexican wore a tshirt with their flag on that day, some american students hoisted a flag on a tree and both sides started some confrontation. This was made just to prevent anything from happening.

Then both sides should have been told that wearing ANY flag shirt is unacceptable.

Singling out one group and punishing them while giving the others a free pass shows bias. (I am assuming the other students were wearing their own flag shirts or something relevant)

mrveggieman
11-14-2011, 01:32 PM
Then both sides should have been told that wearing ANY flag shirt is unacceptable.

Singling out one group and punishing them while giving the others a free pass shows bias. (I am assuming the other students were wearing their own flag shirts or something relevant)


Church!! :cheer2:

beets magee
11-14-2011, 01:56 PM
This is the United State of America, you should be able to wear a shirt w/ a US flag anywhere, anytime.

quoted for truth

Star_Cards
11-14-2011, 02:31 PM
This is the United State of America, you should be able to wear a shirt w/ a US flag anywhere, anytime.

I'll go as far as to say...

This is the United State of America, you should be able to wear a shirt w/ a ANY countries flag anywhere, anytime.

angel0430
11-14-2011, 04:42 PM
Then both sides should have been told that wearing ANY flag shirt is unacceptable.

Singling out one group and punishing them while giving the others a free pass shows bias. (I am assuming the other students were wearing their own flag shirts or something relevant)

I think both of them got the No Go" for the flags. Unless I misread something on the article.

1of23
11-14-2011, 05:13 PM
This is the United State of America, you should be able to wear a shirt w/ a US flag anywhere, anytime.

I agree 100%

Hilfiger1975
11-14-2011, 06:08 PM
i agree 100%
+1

duwal
11-14-2011, 07:42 PM
why is a principal even wasting a second of his time on a kids flag shirt? surely he has something more important to work on.

not to mention a judge having to waste his time on the matter.


I'm sure making sure to maintain order in his school is one of his top priorities. As others have mentioned people wouldn't be so outraged if they knew the backstory, that those same students who wore the t-shirts the year before on Cinco de Mayo were trying to egg on Mexican students into getting into an altercation. These weren't kids showing their support of the U.S. and the American flag, they wore it to create conflict with the schools latino community

duane1969
11-14-2011, 07:51 PM
I think both of them got the No Go" for the flags. Unless I misread something on the article.

I reread it and I see where the judge rejects the claim that the latino students were allowed to wear Mexican flag shirts.

I respect his ruling but it would be hard to prove either way since he wasn't there. The judge essentially took a side. Unless there were photos or video as proof there would be no way to know for sure.

duane1969
11-14-2011, 07:55 PM
I'm sure making sure to maintain order in his school is one of his top priorities. As others have mentioned people wouldn't be so outraged if they knew the backstory, that those same students who wore the t-shirts the year before on Cinco de Mayo were trying to egg on Mexican students into getting into an altercation. These weren't kids showing their support of the U.S. and the American flag, they wore it to create conflict with the schools latino community

I agree, it looks like it was more about creating a mess than anything but according to the article all they did was raise an American flag and chant U-S-A!

I repeat my previous statement but with a twist. The PC staff at that school would slit their own throats before telling the latino students that they could not hoist their Mexican flag and chant "Viva la Mexico!"