The 9th U.S. Circuit Court of Appeals (external - login to view) said the officials’ concerns of racial violence outweighed students’ freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School (external - login to view), in the San Jose suburb of Morgan Hill (external - login to view), had a history of problems between white and Latino students on that day.
The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court (external - login to view) said schools have wide latitude in curbing certain civil rights to ensure campus safety.
Court: School OK banning American flag T-shirts on Cinco de Mayo - Washington Times (external - login to view)