Ninth Circuit Court Backs CA School Forcing Students To Remove American Flag Clothes On Cinco de Mayo

February 27, 2014 6:03 pmViews: 1228

California judges say no American flag clothing on Mexican holiday


Can we expect anything truly American from the most liberal court in the land? The answer to that question is usually no, especially when we are talking about about the Ninth Circuit Court which rarely sides with anything truly American.

In their latest case, the three-judge panel has sided with a California high school who forbid students from wearing American flag T-shirts on Cinco de Mayo for fear that violence may erupt.

When a group of 4 students wore American shirts during Cinco de Mayo at their high school they were deemed "racist" as they offended another group of students.

Welcome to America where everyone except Americans are allowed to be offended by whatever they choose.

Read more below from The Washington Examiner:

A federal appeals court ruled Thursday that school officials in northern California did not violate students’ First Amendment rights by forcing them to remove clothing displaying the U.S. flag on Cinco de Mayo, for fear it would provoke a violent reaction from Hispanic classmates.

“School officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances,” Judge M. Margaret McKeown wrote in the opinion for the three-judge Ninth U.S. Circuit Court of Appeals panel. “As a consequence, we conclude that school officials did not violate the students’ rights to freedom of expression, due process, or equal protection.” [...]

“School officials have greater constitutional latitude to suppress student speech than to punish it,” McKeown wrote, adding that “officials did not enforce a blanket ban on American flag apparel, but instead allowed two students to return to class when it became clear that their shirts were unlikely to make them targets of violence. The school distinguished among the students based on the perceived threat level, and did not embargo all flag-related clothing.”

The school has a history of racial tension, which the court took into account.

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