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Students sent home for wearing "incendiary" US flag

Administrators at a California high school sent five students home on Wednesday after they refused to remove their American flag T-shirts and bandannas -- garments the school officials deemed "incendiary" on Cinco de Mayo.

The five teens were sitting at a table outside Live Oak High School in Morgan Hill, Calif., on Wednesday morning when Assistant Principal Miguel Rodriguez asked two of them to remove their American flag bandannas, the Morgan Hill Times reported. The boys told the newspaper they complied, but were asked to accompany Rodriguez to the principal's office.

The five students -- Daniel Galli, Austin Carvalho, Matt Dariano, Dominic Maciel and Clayton Howard -- were then told they must turn their T-shirts inside-out or be sent home, though it would not be considered a suspension. Rodriguez told the students he did not want any fights to break out between Mexican-American students celebrating their heritage and those wearing American flags.

"They said we were starting a fight," Dariano told the newspaper. "We were fuel to the fire."

The boys told Rodriguez and Principal Nick Boden that turning their shirts inside-out was disrespectful, so their parents decided to take them home, the newspaper reports.

"I just couldn't believe it," Julie Fagerstrom, Maciel's mother, told the newspaper. "I'm an open-minded parent, but it's got to be on both sides. It can't be five kids singled out."

Galli told NBC Bay Area, "They said we could wear it on any other day, but today is sensitive to Mexican-Americans because it's supposed to be their holiday so we were not allowed to wear it."

In a statement released on Wednesday, the Morgan Hill Unified School District said it did not agree with the school's actions.

Full Story Here (http://www.foxnews.com/us/2010/05/06/california-students-sent-home-wearing-flags-cinco-mayo/)

I read that on The Drudge Report. Made me sick.

I would totally sue the s*** outta that principal!!

So would I. I'd be singing all the way to my lawyer. They don't make them turn inside out their mexican flag shirts on the 4th of july...

When is California due to fall into the ocean?

Agreed Plazoo - that is some BULLSH!T RIGHT THERE! :icon_bs: :smash::AR15firing::beatdeadhorse5:

I just listened to an interview with the one of the suspended students on the "Mark Levin Show". The students were called into the vice principle's office where he lectured them about the significance of Cinco de Mayo.
Apparently the vice principle does not know the significance Cinco de Mayo, which is as much an American holiday as a Mexican holiday. In fact, Cinco de Mayo is more widely celebrated in America than in Mexico.
The banning the American flag on Cinco de Mayo isn't only a suppression of free speech, it's the suppression of history. Napoleon III's army was attempting to not only overthrow the democratic government in Mexico, but also to fund the Confederate Army. Due to the French's defeat at Puebla Napoleon was unable to interfere in the Civil War.
Source: Reclaiming Cinco de Mayo : Indybay (http://www.indybay.org/newsitems/2010/05/05/18647116.php)




I'd be singing all the way to my lawyer. They don't make them turn inside out their mexican flag shirts on the 4th of july...
You have to show damages in a lawsuit, how were these students hurt? Also what school is in session on the 4th of July?

You have to show damages in a lawsuit, how were these students hurt? Also what school is in session on the 4th of July?

You don't have to show damages in civil right's type cases where a government entity deprived someone of one of their rights (1st Ammendment here). Happens with cops every once in a while unfortunately.

You always have to show damages in a lawsuit, however the violation of your civil rights could be damages. The point I'm trying make is that these students would have a hard time showing they were effected by voluntarily leaving school.

I've heard of people suing for nominal damages (usually = $1) in similar civil rights cases, but I'm unfamiliar with anyone (other than the lawyer) being given significant monetary awards.

I'll try and check out some of the legal blogs/forums and see what they have to say on the issue.

How are the school officials being punsihed for violating their rights?

How are the school officials being punsihed for violating their rights?

I agree with you, however, proving the Principle trampled on their rights without cause is tough. If he reasonably believed them wearing the American flag **** was disruptive, he was legally in the right, which makes it difficult to take action against.

Supression of 1st Amendment rights of free speech. They were ordered to turn their shirts out (with an AMERICAN flag on it) to keep getting jumped by those celebrating a holiday of another effing country!

There is NO cause for that.

Here's the Email to the listed principal of the school.

Nick.Boden@mhu.k12.ca.us

Here's the Email of the listed superintendent of the school district.

wes.smith@mhu.k12.ca.us


I sent them both Emails expressing my concern about how a U.S. citizen may have been kicked out of a U.S. school for wearing an article of clothing displaying our national flag. I find this unacceptable in more ways than I can express.


Send em' an email....

Tensions rising over US Flag issue

Tensions are rising at a California high school where five students were sent home for wearing American flag T-shirts on Cinco de Mayo.

More than 200 Hispanic students reportedly skipped class on Thursday and marched to school district headquarters while chanting "we want respect" and "si se puedes" -- "yes we can" -- the Morgan Hill Times reported.

"We did this to support the Latino/Hispanic community," Francine Roa, a 2005 Live Oak High School graduate, told the newspaper.

At least six Morgan Hill police vehicles traveled alongside the students, many of whom carried Mexican flags. No arrests were made related to the march, the newspaper reported.

Police have been told to be on alert for gang-related retaliation against the boys, according to Ken Jones, whose stepson, Daniel Galli, was one of the students who refused to turn their T-shirts inside-out when asked by a vice principal on Wednesday.

Full Story Here (http://www.foxnews.com/us/2010/05/07/tensions-high-california-high-school-following-flag-flap/)

Sounds to me like it wasn't an issue until assistant principal made it one.

Supression of 1st Amendment rights of free speech. They were ordered to turn their shirts out (with an AMERICAN flag on it) to keep getting jumped by those celebrating a holiday of another effing country!

There is NO cause for that. [emphasis added]


While I disagree strongly with the principle's actions, I think they were lawful. Read Tinker v. Des Moines, 393 U.S. 503 (1969), which establishes free speech for students. The speech must be non disruptive to be constitutionally protected. More recently Hazelwood School District et al. v. Kuhlmeier et al., 484 U.S. 260 (1988), the Supreme Court held that a student publication in a school news paper could be suppressed because it addressed a topic that was deemed "inappropriate" (Interviews with pregnant students). This was fuhrer upheld in Morse v. Frederick, 551 U.S. 393 (2007) (Students cannot hold "legalize pot" signs at school events).

Most importantly look at New Jersey v. T.L.O., 469 U.S. 325 (1985), which establishes that schools "...act in loco parentis in their dealings with students: their authority is that of the parent, not the State, and is therefore not subject to the limits of the [constitution]" If the Administrator asked them to turn out their shirts "to keep them from getting jumped" he's within the law.

If the Administrator asked them to turn out their shirts "to keep them from getting jumped" he's within the law.

I didn't see anything that indicated the kids were in danger. Nothing in the article said the kids were being threatened. It's obvious to me that he did it because he was "being sensitive" to the Hispanic kids. The name of the vice principal says a lot about it.

This **** happens all the time. Kids run up Mexican flags on school property and the gutless administrators don't do a thing about it. Plazoo titled this thread, it's PC way, way out of control.

Violence wasn't mentioned int he original article but Plazoo did mention it in a reply.




Police have been told to be on alert for gang-related retaliation against the boys, according to Ken Jones, whose stepson, Daniel Galli, was one of the students who refused to turn their T-shirts inside-out when asked by a vice principal on Wednesday.

Full Story Here (http://www.foxnews.com/us/2010/05/07/tensions-high-california-high-school-following-flag-flap/)

The name of the vice principal says a lot about it.

How so? Some of the kids who were suspended were Mexican-American.

[QUOTE=retdetsgt;1088564 It's obvious to me that he did it because he was "being sensitive" to the Hispanic kids. .[/QUOTE]
Despite my previous reply's, I do agree with your point, in an interview, one of the students, stated that the vice principle lectured them for an hour on the meaning of Cinco de Mayo.

Despite my previous reply's, I do agree with your point, in an interview, one of the students, stated that the vice principle lectured them for an hour on the meaning of Cinco de Mayo.

I bet they've never gotten one on the meaning of the fourth of July.

Read my first response on the previous page or check out this link:Reclaiming Cinco de Mayo : Indybay (http://www.indybay.org/newsitems/2010/05/05/18647116.php)
I think you'll be entertained. (Cinco de Mayo is a Mexican AND American holiday)

I smell a troll.

I believe the school administration would have to present some evidence, other than the vice principal speculating, that there had been or likely would be a disruptive act based upon the students wearing clothing depicting the United States flag.

I did not see anything in the articles that would support the decision to sanction these boys, other than the predisposition of the vice principal. The fact that he not only ordered them to remove or disguise the US flag, and then lectured them on the sensitivity of the Mexican celebration indicates to me that the administrator may have been the one offended and overstepped his authority in a manner that could be successfully litigated.

But, I am not an attorney, so what do I know?

Become an accountant. You'll know everything.

[emphasis added]


While I disagree strongly with the principle's actions, I think they were lawful. Read Tinker v. Des Moines, 393 U.S. 503 (1969), which establishes free speech for students. The speech must be non disruptive to be constitutionally protected. More recently Hazelwood School District et al. v. Kuhlmeier et al., 484 U.S. 260 (1988), the Supreme Court held that a student publication in a school news paper could be suppressed because it addressed a topic that was deemed "inappropriate" (Interviews with pregnant students). This was fuhrer upheld in Morse v. Frederick, 551 U.S. 393 (2007) (Students cannot hold "legalize pot" signs at school events).

Most importantly look at New Jersey v. T.L.O., 469 U.S. 325 (1985), which establishes that schools "...act in loco parentis in their dealings with students: their authority is that of the parent, not the State, and is therefore not subject to the limits of the [constitution]" If the Administrator asked them to turn out their shirts "to keep them from getting jumped" he's within the law.

I HIGHLY doubt parents would force their children to take a shirt with a pic of the US flag off. Thats BS.

Furthermore this is not a "inappropriate" topic, unless you consider the US flag inappropriate. I also think that the ability to wear the shirts are a constitutionally protected right.

They have protesters with signs that say "God loves dead Marines." Tell me the difference.

Principal apologizes

A California high school principal has apologized for telling five students they couldn't wear U.S. flag shirts on Cinco de Mayo, the local superintendent said Friday.

Tensions at Live Oak High School in Morgan Hill had risen in the wake of the decision to forbid the shirts, as the students who wore the shirts defended their right to show their patriotism -- even on a Mexican holiday -- while a large group of Hispanic students staged a walkout Thursday in protest.

"This has certainly been a very difficult time for our school district," Superintendent Wesley Smith said in prepared remarks delivered Friday at a news conference.

Smith affirmed that students are free to wear patriotic clothing on campus, but the campus also must be kept "orderly and safe."

"School leaders have to make judgment calls on when to take preventative measures to pre-empt a possible incident or conflict," Smith said. "In this situation, it appears that a decision was made too quickly."

Full Story here (http://www.foxnews.com/us/2010/05/07/california-principal-apologizes-forbidding-flag-shirts-mexican-holiday/?test=latestnews)