Nov 10, 2011
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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.
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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.
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why don't we call or email the school and the judge and let them know that this is wrong. If we can overload them with statements that this will not be tolerated then maybe something will sink into those small brains of theirs.
why don't we call or email the school and the judge and let them know that this is wrong. If we can overload them with statements that this will not be tolerated then maybe something will sink into those small brains of theirs.
WHY, WHY, WHY? This is America. When did our flag become offensive? Isn't that what we fight for and have been fighting for for the past 235 years. If you don't like the American flag and find it offensive go back to where ever it is you came from. You are not welcome.
WHY, WHY, WHY? This is America. When did our flag become offensive? Isn't that what we fight for and have been fighting for for the past 235 years. If you don't like the American flag and find it offensive go back to where ever it is you came from. You are not welcome.
I can't believe what is happening in America. How did it get this way? Why did we let it happen. Who are these people taking our rights away? I don't know why "Occupy" is on the streets. I think it's time for the Americans to hit the streets and take our country back. Put on those American flag T-shirts, sing "God Bless America. Is this the change Obozo wanted? This is against our constitutional rights as americans. We offend the illegals tough, we don't want those slimeballs in our country anyway.
I can't believe what is happening in America. How did it get this way? Why did we let it happen. Who are these people taking our rights away? I don't know why "Occupy" is on the streets. I think it's time for the Americans to hit the streets and take our country back. Put on those American flag T-shirts, sing "God Bless America. Is this the change Obozo wanted? This is against our constitutional rights as americans. We offend the illegals tough, we don't want those slimeballs in our country anyway.
then every kid on the fourth of July should wear the shirts of red white and blue and the schools should ban all Mexican shirts for that day and we will see if they file a suit and win. If they do then it is a double standard and if the "Mexican kids want to wear red white and blue it is fine but they can not wear anything associated with Mexico.
Did the Mexican students have to remove their Cinco Di Mayo shirts? Were they not offensive to the American students? Hmmm?
They are taking over and our elected pfficials are helping them..
They are taking over and our elected pfficials are helping them..
That's just bullshit
WAKE UP AMERICA !!! They are winning the war without throwing a stone , they taking over this country an inch at a time
I find it hypocritical that occupy wall street is allowed, and wearing the american flag here is not. the judge ruled that the american flag would be disruptive. the occupiers are not being disruptive? seems if anything is anti-america/free market/capitalism/pursuit of happiness it is supported by the socialists. any pro-america is condemned. it is again time for change.
Wow! A situation where an American can't have free speech but someone else can. I'm not suprised at all!
This supposed Judge has no business serving on any bench of law in this country. SHAME ON HIM. Not only should this dimwit be disbarred, but he needs to move to another country, perhaps MEXICO – where his communistic, marxist beliefs are wanted, because we sure don't want him here. Shame on him. MORE IMPORTANTLY, FIRE THE PRINCIPAL OF THAT SCHOOL! do not give that school any tax money for any reason whatsoever. This is disgraceful!
Unbelievable… well not for present day America…. this is the only country that I know of that will ban it's own flag on it's own soil and penalize it's own citizens (ie:subjects) in favor of illegals. This country is not to be long on this Earth. We had a good run but the liberals and socialists have taken over. The quiet majority has been politically neutered and beaten into submissiveness by the vocal minority with liberal courts that do not know or understand the U.S. Constitution, and with political correctness in place of common sense and moral decency.
Unbelievable… well not for present day America…. this is the only country that I know of that will ban it's own flag on it's own soil and penalize it's own citizens (ie:subjects) in favor of illegals. This country is not to be long on this Earth. We had a good run but the liberals and socialists have taken over. The quiet majority has been politically neutered and beaten into submissiveness by the vocal minority with liberal courts that do not know or understand the U.S. Constitution, and with political correctness in place of common sense and moral decency.
So if a group threatens violence, this is a good reason to throttle the free speech of another group? What do they have in the water or air in California that causes this sort of thinking?
So if a group threatens violence, this is a good reason to throttle the free speech of another group? What do they have in the water or air in California that causes this sort of thinking?
Sitting judges that would make such decisions must be told how the majority of us feel when their job comes up for election or appointment. We need to make noise enough to wake the dead to show our disapproval and put them on the unemployment line.
Sitting judges that would make such decisions must be told how the majority of us feel when their job comes up for election or appointment. We need to make noise enough to wake the dead to show our disapproval and put them on the unemployment line.
This is particularly troubling. This is the US, not Mexico. I have alot of Mexican-American friends and they all wear a US flag on their uniform. Even on Cinco de Mayo. That is, unless we have the day off and we all have a few beers. Of course, that hasn't happened for a few years now.
This is particularly troubling. This is the US, not Mexico. I have alot of Mexican-American friends and they all wear a US flag on their uniform. Even on Cinco de Mayo. That is, unless we have the day off and we all have a few beers. Of course, that hasn't happened for a few years now.
This is a disgusting display of the evils of Liberalism in America today. I hope the families of these boys continue to appeal this and take it up to the Supreme Court. If someone can burn the US flag, why cannot these young men wear a shirt with pro-American symbology on it. Cinco de Mayo is a regional Mexican holiday, not an American one (unless you count American beer corporation marketing a holiday.) If there was to be violence, it would have come from the illegal anchor babies that are here anyways. I thought the Judical Branch of our Government was to protect the Constitution, not throw it under the bus.
This is a disgusting display of the evils of Liberalism in America today. I hope the families of these boys continue to appeal this and take it up to the Supreme Court. If someone can burn the US flag, why cannot these young men wear a shirt with pro-American symbology on it. Cinco de Mayo is a regional Mexican holiday, not an American one (unless you count American beer corporation marketing a holiday.) If there was to be violence, it would have come from the illegal anchor babies that are here anyways. I thought the Judical Branch of our Government was to protect the Constitution, not throw it under the bus.
Why are schools in the US celebrating foreign holidays? I asked the principal of the school I worked at here in Texas why the would have an assembly and celebrate a foreign holiday yet not even mention Veterans Day. I got an evil glare for that question.
FIRST OF ALL, I REMEMBER WHEN I WENT TO SCHOOL IN THE 70'S THAT WHEN CINCO DE MAYO CAME AROUND YOU DIDN'T SEE THE LATINOS WEARING ANY MEXICAN FLAGS OR ANYTHING LIKE THAT. IT WAS JUST ANOTHER DAY. SO, WHAT'S HAPPENING NOW IS THAT YOU HAVE THESE "NEW" LATINOS WHO ARE SO PRO-MEXICO THAT THEY WEAR THE MEXICAN FLAGS AND JUST WANT YOU TO ACCEPT IT AS THOUGH IT'S JUST NORMAL! WELL, IT'S NOT AND IT WILL NEVER BE! I'M LATINO AND I CAN TELL YOU THAT I'M SICK AND TIRED OF HEARING ABOUT THINGS LIKE THIS HAPPENING ALL ACROSS OUR COUNTRY. IT'S WAY PAST TIME TO TAKE BACK WHAT LITTLE WE HAVE LEFT! NO MORE ILLEGALS AND BABY STROLLERS AND FREE HANDOUTS AND DIRTY NEIGHBORHOODS! GET 'EM OUT!
AL SANCHEZ
AND ONE MORE THING… WHEN YOU ARE CONSTANTLY SIDING WITH THE LATINOS' VISION OF WHAT SHOULD BE THEN YOU ARE CREATING A CIVIL WAR WITHIN AMERICA. IT WILL BE BETWEEN THE LATINOS AND EVERYONE ELSE WHO IS NOT LATINO! TRUST ME ON THIS ONE. I, FOR ONE, DO NOT SIDE WITH THE LATINOS EVEN THOUGH I AM ONE. I THANK GOD THAT I WENT TO SCHOOL WHEN MOST OF THE STUDENTS IN PUBLIC SCHOOL WERE WHITE OR BLACK. NOW, HERE IN CALIFORNIA, EVERYONE IS HISPANIC. THAT'S SCARY! IT'S NOT A WONDER WHY THERE'S SUCH A DROP OUT RATE AMONG THEM.
His only concern my @#$! Yea right… tell you what Mr. Principle….You're FIRED…there problem solved…hasta la vista baby!
Cinco De Mayo is for Mexcans who wish to celebrate their win against the French…do it in Puebla…You live in America……now Respect your new country…..or leave and take your flag with you….We like ours… Where were you when we fought the british? Either you are American or not. We do not need tohonor every other countries victories ofver their oppressors unless they respect out countries flag, rules and beleifs. just my humble opinion….<3.
In any other country, you could be executed to trashing the flag of that country as a judge.
@Jim Hajny ok really! This is not a Mexican American issue so stop maken it one. This is people just being down right stupid! And as far as Mexicans coming here taken our jobs well they actually work and don't whin and complain over stupid shit! Its a free country and NO one has the right to judge no one. This whole thing is bull shit! Stop it with the race card. I am american and I wear a shirt with the Mexican flag on it doesn't mean I don't like American just shows I am not stupid and affraid to be open minded.
Ok so if they are going to let them celebrate May 5th in America, what gives them the right to refuse us our right to celebrate America in our own country!
Nancy Pelosi's an Idiot & Judge Bans American Flag Shirts http://youtu.be/Uj3a_TiVkj4.
http://youtu.be/Uj3a_TiVkj4
Please, will some Latino explain this to me? If a Latino is offended by the American flag, why is he here? I would also like to point out that it is illegal to fly the American flag in Mexico. Latinos seem to be fine with that, but they will not tolerate the Mexican flag being banned in America. Why? Please explain!
I can not tell you! I knew neither the laws in your country yet I know the rules of Mexico.
Please read the entire court decision at: http://ia600707.us.archive.org/5/items/gov.uscourts.cand.228924/gov.uscourts.cand.228924.67.0.pdf.
It is not the hype that is portrayed here.
What I find most ironic about this is that some of the people who are most upset about banning the American flag are from the South. During the Civil War, Southerners considered the American flag to be a symbol of oppression and aggression, and deliberately changed the South's flag to look less like "Old Glory." If people in the South wanted to kick someone out for not liking the American flag, they would have been throwing out most of their own ancestors. Just food for thought.
Hey, guys, the judge James Ware isn't a liberal! He's a law-and-order type with an extensive military background, nominated by Republican Senator Pete Wilson and appointed by George H. W. Bush.
The ACLU and other liberals are very strongly with you on this one! It was a terrible ruling.
Liberals have been consistently supporting the students' right to freedom of speech and the right to wear the flag to school, ever since the case first hit the news in May 2010.
http://www.aclu.org/blog/free-speech/students-american-flag-t-shirts-are-protected-speech