Posted on 09/18/2014 7:55:38 AM PDT by mandaladon
It’s official: the U.S. Ninth Circuit Court of Appeals has issued an order declining a request for an en banc hearing in a case involving four students in at a California high school who were sent home for wearing American flag T-shirts on Cinco de Mayo.
The full slate of Ninth Circuit judges has thus agreed with a lower district court and with a trio of appellate judges that officials at Live Oak High School in Morgan Hill, Calif. could censor students who wanted to wear flag-emblazoned shirts.
The federal appeals court issued its denial of an en banc hearing on Sept. 17 — Constitution Day.
“[N]o further petitions shall be permitted,” the court ordered.
The trouble dates back to Cinco de Mayo (May 5) in 2010, when officials at Live Oak High — a school with a predominant Mexican-American student body — forced the students to remove their American flag-festooned shirts. Administrators called the shirts “incendiary” and worried that fighting would break out between white and Latino students if Latino students noticed the shirts. So, assistant principal Miguel Rodriguez told the students to turn their shirts inside out or leave school.
Students of Mexican heritage told local media that the students wore wore American flag T-shirts should apologize. They said ethnically Mexican students wouldn’t wear a Mexican flag on the Fourth of July (not a school day, but never mind).
The high school, located 20 miles south of San Jose, has experienced numerous gang problems. Nevertheless, the school seems to have organized impressive Cinco de Mayo celebrations in recent years.
(Excerpt) Read more at dailycaller.com ...
YEP.
.
and nobody knows what it is like to be an American that is hated .... but my dreams are not as empty.
While I completely disagree with this decision, I can see how it might be constitutional - but only if they banned students from wearing clothing with any kind of symbols or statements to school at all times. Otherwise, they are engaging in viewpoint discrimination. So if they want to go to require uniforms or specify that shirts must be plains solid colored, and hats cannot have any emblems or logos, etc., then fine. Otherwise they are favoring one statement (support for Cinco de Mayo) over another (support for the US).
“Buck The 9th Circuit” should be a national holiday.
“Then there should be NO flags of any kind allowed, including the Mexican flag. And the school administrators should be fired.”
Then there should be NO flags of any kind allowed, except the Flag of the United States of America. And the school administrators should be fired. It should NEVER, anywhere or anytime be inappropiate for the American Flag to be displayed in America.
Technically, the ruling doesn’t say it is illegal to wear a US Flag shirt on Cinco de Mayo - it just says the school district can prohibit it at school on that day. Still a wrong decision in my opinion, but a big difference in the context.
“Can they wear a French flag on Cincodemayo?”
No one would notice a white t-shirt.
actually a group of azzhats did wear Mexican attire at our local 4th of July parade
Want to be the person who tells them that is “banned”?
The U.S. Ninth Circuit Court of Appeals can Ki$$ my Ass!!!
I think the uprising should include the “red-white-and-blue flu.” This doesn’t need to be a court issue; if 50-75% of the students stayed home with the “red-white-and-blue flu” on May 5, just think of how much money the school would lose.
Of course, you wouldn’t want to actually call it the flu because then the school would still receive it’s funding for the day. On May 1, every parent should call the principal and school board and let them know that if their kids can’t wear an American flag shirt to school on May 5, the student will not attend school that day out of protest.
NOTHING GETS THEIR ATTENTION FASTER THAN LOSS OF FUNDS! I BELIEVE THEY WOULD COME TO THEIR SENSES SOONER RATHER THAN LATER!
What friggin’ country are we in?!
Viva la France! ;-)
Should most definitely be taken to the Supreme Court. Let the left defend this.
Actually, wearing the flag as a shirt is against the US Code:
"The flag should never be used as wearing apparel, bedding, or drapery." 4 USC Section 8d
Maybe the tax payers should start paying taxes in Pesos.
The ruling is illegal.
It violates the First Amendment.
It’s time for a nation wide protest of this las chorradas.
I say on Cinco De Mayo we ALL wear American Tshirts no matter where we are. F the 9th circus court.
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