Nov 10, 2011
Print This Post
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.
CHECK OUT TODD’S FACEBOOK PAGE!!
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.
Related posts:
FOX News Talk
I am mad that an American School is celebrating a Mexican Holiday.. but the Forth of July, Halloween, Thanksgiving & Christmas are now off limits to American born kids n American schools.. paid for by American's tax dollars. The Mexican nationals want their kids to celebrate Mexican holidays.. then go the he! to Mexico.. build up Mexican schools and celebrate there.
I am mad that an American School is celebrating a Mexican Holiday.. but the Forth of July, Halloween, Thanksgiving & Christmas are now off limits to American born kids in American schools.. paid for by American's tax dollars. The Mexican nationals want their kids to celebrate Mexican holidays.. then go to Mexico.. build up Mexican schools and celebrate any Mexican holiday they want too..there in Mexico.
While I don't agree with the Judge at all and he should be taken out of office, The code of conduct for the United States Flag, states that It should not be worn as clothing. It is disrespectful. check out The United States Flag Code establishes rules for display and care of the flag of the United States. It is Chapter 1 of Title 4 of the United States Code.
Thank you Keith!
it says the flag should not be worn as clothing. not a picture of a flag on a shirt
it says the flag should not be worn as clothing. not a picture of a flag on a shirt
What right has any judge to stop freedom of speech? Judge s/b disbarred.
Re MacDonald's Hot coffee case: Dean Andree said "it's not like it was molten lava" — it was hot enough to cause extensive 3rd degree burns. Look at the pictures here: http://www.spurstalk.com/forums/showthread.php?t=184236 If you still think it's trivial, you have a warped sense of trivial. And we won't even start about your human kindness and compassion.
Even though it is disrespectful to the flag to be worn as a shirt, it is even more offensive that we can not display the flag in our own country because a group of people might be 'offended' and threaten violence. And where are the backbones of these people if frightened by mexican kids?
OK, the Diversity agenda clearly advocates that "St udents" be empowered. That,in effect,
means the kids are in charge. They can accuse and never be questioned
as to the veracity of their charges. They can do greivas wrong and never be
corrected or punished, all of this IF it is directed at America.
Did he deliver the verdict in Spanish as well? This is typical of the left-leaning California judiciary system….I am so glad my hard earned tax dollars are paying this judge's salary.
I wish I were legally insane…then I would have justification to do what needs to be done.
Check the Wikipedia page of the judicial douchebag.
"In 1998, Judge Ware was reprimanded by the Judicial Council of the Northern District Court of California for fabricating the story of being the brother of Virgil Ware,[6] a 13 year old black boy shot by white teenagers in Alabama in 1963 on the same day as the 16th Street Baptist Church bombing. According to a story Judge Ware had told many audiences, he was riding his bike with his brother Virgil on the handlebars when Virgil was shot and killed by white racists.[7] The incident was a real one, however it happened to a different James Ware, as was discovered when Judge Ware's claim was published in the Alabama papers after he was nominated to the Ninth Circuit by President Bill Clinton. The father of the long-ago slain boy contacted the Alabama courts to report that the California judge was impersonating his own son James Ware who was an employee in a Birmingham power plant. The Alabama courts contacted the California courts, who convened the ethics hearing. Judge Ware was reprimanded but allowed to retain his lifetime appointment as district judge."
Wait, there's more:
"On November 9, 2009, the Ninth Circuit Court of Appeals issued a writ of mandamus against Judge Ware in Cohen v. United States District Court, which found that Ware's decision to appoint lead counsel for the plaintiff in a securities fraud case was "clear error" that amounted to "usurpation of power".
On June 14, 2011, Ware ruled that former Chief Judge Vaughn Walker did not have to recuse himself before he declared Proposition 8 unconstitutional."
Why oh why is this douchebga in a court of law?
What has happened to coming to America, learning OUR language, observing our customs and being so gratwful that you can live in a free country that allows us to show our beliefs. I guess that only applies to non Americans. Really soon, we can change the name of this country from The United States of America, to The united states of you have offended my heritage by being a patriotic America! I am soooo very disgusted w ith this decision. I'll press 1 for English to voice this opinion.
There is something really wrong When a federal judges says you can't show your loyalty to the United States by wearing an American Flag!
Does this ruling include the Confederate Flag? Why not wear that to school? (Actually, I think it's a cooler looking flag but that's just my opinion).
paging the ACLU! Bueller, Bueller, Bueller. Yeah, that's what I thought.
What about the boys rights does this stupid judge not get? Their day? What did 'they'do to deserve a day? I will wear whatever the hell I want, if it offends anybody tough. Get over it. I don't like seeing slackers asses, so I just don;t look. This is AMERICA , be proud of it.
OKie doke, so lets examine the name of the vice-principal that apprehended the US flag wearing youths…. "Miguel Rodriguez". Says it all right there. Perhaps I am offended that the genetic relations and friends of Miguel Rodriguez loiter at 7-11 without E-verify? I fought to defend that flag and not be told which days I could display it Mr. rodriguez. As far as I am concerned, you should have been at the other end of my barrel. You and your illegal crossers (my family all came legally) are not worth my spit. How did this person get in charge of our kids anyway? oh , that's right… affirmative guilty action…. where we can spend the rest of our days feeling sorry and giving jobs because the great grandparents of somebody did something. My rear patootie!
This is just like taking Christmas away because it offends Muslims, who are here to blow us up anyway with Saudi help. Next my kids are going to have to celebrate Eid or Dewhali. I don't think so Timmy!
I'm so upset about this. I can go and defend our country's flag just so we can't show our pride for our country. So should we lower our flags during ever holiday that is not American. Wouldn't want to offend anyone. I don't care what color you are if you live here your an American. So how are you going to say that in America you will offend Americans by wearing your flag, who cares what day it is. It's America. Red, white, and blue.
This is exactly the kind of crap that that prompts people to support the (poorly worded) exemption in the anti- bullying law.
Can you say "HOME GROWN TERRORIST"… I mean that's what they are. They are doing just as much if not more to tear down the USA as the terrorist overseas are. It's time to stand up for America while there still is an America, and I don't mean by sitting home and writing post on the internet. Write a letter to your local elected officials, protest in front of the Board of Education, City Hall, Federal Building, or what have you. We need to let them know that "WE THE PEOPLE" are not going to tolerate this anymore.
Can you say "HOME GROWN TERRORIST"… I mean that's what they are. They are doing just as much if not more to tear down the USA as the terrorist overseas are. It's time to stand up for America while there still is an America, and I don't mean by sitting home and writing post on the internet. Write a letter to your local elected officials, protest in front of the Board of Education, City Hall, Federal Building, or what have you. We need to let them know that "WE THE PEOPLE" are not going to tolerate this anymore.
Go to the Wear the American Flag to School page on Facebook and get the word out.
https://www.facebook.com/pages/Wear-the-American-Flag-to-School-Day/276413585731024?sk=wall
If ANYBODY EVER takes offense to the American flag IN AMERICA on ANY day then they simply need to get the hell out!
This judge should be shot for treason! Period!
“The students were told their shirts would offend Hispanics,”.
So lets offend American Students instead. More PC BS!
Not to be overly simplistic here, but wouldn't it be a logical extension of the judge's position to say that display of the Mexican flag on campus could incite a violent response from some anti-Mexican student, and thus all displays of the Mexican flag should also be banned? Don't get me wrong, as that's clearly a ridiculous response. But if you're going to make an asinine ruling, don't you have to at least be consistently asinine?
Or is the argument that Mexicans are inherently violent, while white kids are actually able to control their impulses and respect the rights of others? So is the judge retarded, racist, or both?
OMG
Section 8d reads that the flag should never be worn as apparel anyhow, So the judge could have made his decision on that basis alone. If the case is polical correctness, then any and ALL clothing depicting any nation should be banned at all times. Not like I like it…. But lets at least be fair, same rules for everyone all the time.
I wonder what Jesus thinks about all the non-christian-like remarks posted by Catholics (universal) here?
Charles Joesph-do you have direct line to Jesus?Ask what he thinks of your hatred toward catholics! What does religous affiliation have to do with kids showing thier pride in thier coutry? If you're going to make non sensical remarks at least stay on the subject
Terry; never said I had a direct line to Jesus, just posing a rhetorical question. I am Catholic, and we are supposed to be tolerant of others, and just was wondering that, what with all the vile comments about "illegals,communists, Democrats, Republicans, socialists, etc.", what would Jesus think.
Oh you gotta be F&%$ing kidding me. OMFG I would like to blow that part of the country into the F&%(ing Ocean right now you limp D$%K Bastards. <——-Freedom of Speech
wooooooow really ?!?!?!?!
HAHAHA thissss weebsite is givingg outtt freeeeee ipaaaad 2's, I just got myneeee!!! hurry gooo hereee http://www.facebook.com/apps/application.php?id=318834641465487/?059460asxlt9996
IMPEACH that DAMNED judge! I thought California was in AMERICA? SCREW those Mexican students. If they don't like the AMERICAN Flag, they can get the HELL OUT of our country! This political correctness CRAP simply MUST STOP!
America the great is fading away, goodbye , you will be missed.
Its not a liberal thing, guys. Take a look…
http://www.theastrocowboy.com/flag.htm
As wearing apparel, drapery, advertising, etc.
The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of a platform, and for decoration in general. No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn of the left lapel near the heart. The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.
I think I'm going to be sick!
I cant belive this, maybe the school should were a unform.
408-201-6001 Morgan Hill Unified School District phone number let them know how you fell.
This is why the Dept of Uneducation should be shut down. Government dies not belong in the schools. The schools should be run buy their local communities not State or Federal Governments. This "Judge" should be disbared and removed from the bench. Mexicans can go back south of the Border since they think Mexico is such a great Country. WHY are they here in the first place? They should ask themselves first.
email sent to Wes Smith, Morgan Hill Unified SD superintendent:
Dr. Smith,
As I am sure you have heard many times over, there is a large majority of Americans who find your school district's policy banning American flag t-shirts on Cinco de Mayo offensive, un-American, and downright traitorous. As you said in your April 2010 letter entitled 'A Time to Stand and Say "No"', now is that time when we all stand and say 'NO' to such ill-conceived policies. We ARE America, not Mexico, and your school district is in America, not Mexico. If Mexicans want to celebrate their Cinco de Mayo holiday, we don't have a problem with that. There are many ethnic groups in America who celebrate various holidays related to their ancestry. But who are you to tell AMERICAN children they may not wear AMERICAN flag t-shirts (or apparently any other pro-American message) on that day, because you are concerned about 'possible violence'? Where would our country be if those responsible for the Boston Tea Party had decided not to dump the tea into Boston Harbor, just because they were concerned about 'possible violence'? Where would we be if those who gave their lives in the American Revolution — and every other war fought for our freedoms — declined to put on that uniform because they were concerned about 'possible violence'? (non-existent comes to mind).
Please examine the real reasons one might implement such a policy, and also consider the long-term effect it will have on your school district, your state, and our country. If you went to any other country in the world and wanted to celebrate the 4th of July, do you think it would even cross the minds of anyone in that country to ban their citizens from wearing their own patriotic symbols just because 'you might be offended'? I say 'No', they wouldn't even consider doing that, and I say 'NO' to your unpatriotic policy. Using American children and your position of power to try to pander to Mexicans (or any other nationality) is just shameful.
We can only hope there are enough patriotic Americans in Morgan Hill Unified SD who are willing to stand up and say 'NO', not here, and not now or ever.
Walter Bowen
Carrollton TX
We should flood his email with similar messages until they get the message, and I pray that next May 5 EVERY American child will wear their pro-American clothing.
Only in America is it wrong to celebrate being an American. Anyone see any anarchy or communism at work here?
I'm offended seeing the mexican flag in America, i'm offended hearing spanish instead of english, mostly I am offended by schools, courts and the goverment who cower down to these illegal sponges.
I had to research this, but 28-stars were on our country's flag in 1846, the year Texas became independent from Mexico.
The kids should wear shirts with a 28-star American Flag; it would have even more meaning and would not be an "official" flag (which the anti-American school outlaws).
ummm. Cinco de Mayo is pretty much an American Holiday, not very much a Mexican one. It's good for beer promos at restaurants. 16 de septiembre is actually the Mexican holiday most Americans are confused into celebrating on 5 de Mayo. Maybe Mexicans should be upset about that, but mostly they just take our extra beer money that day with no complaint.
Cinco de Mayo is not a celebration of Mexican Independence. It commemorates the Mexican army's 1862 victory over France at the Battle of Puebla during the Franco-Mexican War.
Cinco de Mayo is not a celebration of Mexican Independence. It commemorates the Mexican army's 1862 victory over France at the Battle of Puebla during the Franco-Mexican War.
I don't usually get crazy of politics and such but even I have my limits. I can not freakin' believe that American students can't wear the American Flag on a t-shirt on the day of Mexico's independence. This isn't Mexico…this is America. No one was telling the Hispanics they couldn't celebrate so why are the American student's first amendment rights being violated? Lest we forget…since Friday was Veteran's day, we have men and women who fight and die so that we have the right to wear whatever we damn well please. This judge needs to find himself a new job…maybe in Mexico.
I think that everyone should wear a French flag on Mexican Independence Day. Besides, Cinco de Mayo isn't even a holiday in Mexico other than in the region of Puebla.
I think that everyone should wear a French flag on Mexican Independence Day. Besides, Cinco de Mayo isn't even a holiday in Mexico other than in the region of Puebla.
Fine…I don't have kids, I didn't know that Chris, but that isn't necessarily the point. The whole thing is that the American Flag is being disregarded for another countries celebration. Our patriotism is expected to take second place to another countries patriotism here in America. That blows.
Fine…I don't have kids, I didn't know that Chris, but that isn't necessarily the point. The whole thing is that the American Flag is being disregarded for another countries celebration. Our patriotism is expected to take second place to another countries patriotism here in America. That blows.
The lack of understanding of our legal system is amazing.
First, STUDENTS do not have a constitutional right of unlimited freedom of speech on a school campus.
Second, SCHOOLS can dictate what is acceptable and unacceptable attire for STUDENTS to wear at SCHOOL.
Finally, SCHOOLS are obligated to provide a safe environment for students while on campus.
The legal issue was: Does a studnet have the right to wear clothing or attire that has a message or symbol that jeopardizes the safety of that student or other studens?
Does wrapping it in patriotism change any of the obligations of the school?
The lack of understanding of our legal system is amazing.
First, STUDENTS do not have a constitutional right of unlimited freedom of speech on a school campus.
Second, SCHOOLS can dictate what is acceptable and unacceptable attire for STUDENTS to wear at SCHOOL.
Finally, SCHOOLS are obligated to provide a safe environment for students while on campus.
The legal issue was: Does a studnet have the right to wear clothing or attire that has a message or symbol that jeopardizes the safety of that student or other studens?
Does wrapping it in patriotism change any of the obligations of the school?
I go out of my way to try to keep from offending anyone but this just goes too far. If they be offended then they can KMA or as the song goes-Kiss This and it ain't my Ruby Red Lips. I make no allowances when it comes to pride in my country and if it offends anyone, there are plenty of places in this world they can go to to get away from it. I would dare them to sample how other countries around the globe would take to such and then come back to me and complain.
I wonder if it would be considered OK if the school officials restricted displaying the Mexican flag on the other 364 days of the year?
I wonder if it would be considered OK if the school officials restricted displaying the Mexican flag on the other 364 days of the year?
This is not a judge, this is a trader of the USA. he will say it is ok to the flag.
This is not a judge, this is a trader of the USA. he will say it is ok to the flag.
This is an example of the "heckler's veto" on speech. This ruling would have allowed hecklers to have ended speech for anti-war dissenters, Martin Luther King, etc. It is bad logic and it is a bad ruling, one waiting to be overturned.
This is an example of the "heckler's veto" on speech. This ruling would have allowed hecklers to have ended speech for anti-war dissenters, Martin Luther King, etc. It is bad logic and it is a bad ruling, one waiting to be overturned.
this is supposed to be America, where SHOULD we wear this shirt, if NOT in America…it is just INSANE to see the constant rape and sodomy of my country…
this is supposed to be America, where SHOULD we wear this shirt, if NOT in America…it is just INSANE to see the constant rape and sodomy of my country…