Monday, November 14, 2011

Judge Ware: Public School Kids and the American Flag

In May 2010, a public school assistant principal in Morgan Hill, California caused an uproar when he punished students for wearing patriotic clothing with images of the American flag on Cinco de Mayo.

There's something very wrong with prohibiting the display of the American flag in an American public school.

From FOX News:

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.

"In an attempt to foster a spirit of cultural awareness and maintain a safe and supportive school environment, the Live Oak High School administration took certain actions earlier today," the statement read. "The district does not concur with the Live Oak High School administration's interpretation of either board or district policy related to these actions."



A federal judge now has ruled on the matter.

From the Daily Caller:

A federal court has ruled that school administrators had the right to order California high school students to remove displays of the American flag from their clothing on Cinco De Mayo.

Basing his decision on a concern that violence could result from the display of the American flag on the Mexican holiday, California District Judge James Ware ruled that administrators’ actions to censor the students did not violate the so-called Tinker standard, which protects students’ freedom of speech.

...Judge Ware ruled Tuesday that the school was within its right to censor the students for safety purposes.

“In contrast to Tinker, in which the Supreme Court specifically noted that no threats of violence were made here Defendant Rodriguez was warned by two different students that they were concerned that Plaintiffs’ clothing would lead to violence,” Ware wrote in his ruling. “These warnings were made in a context of ongoing racial tension and gang violence within the school, and after a near-violent altercation had erupted during the prior Cinco de Mayo over the display of an American flag.”

Ware noted that while no violence actually occurred, it was reasonable for school officials to believe there would be negative implications for allowing the students to wear America-themed clothing.

I understand the safety issue and concern about gang violence within the school.

The question becomes: Why are thugs allowed to control the school?

No American public school kid should be told that displaying their patriotism via American-themed clothing is "incendiary."

This is an American school funded by American tax dollars.

It's a disgrace that the American flag, the symbol of our nation, is tossed in the same category as gang colors and symbols.

Live Oak High School's assistant principal Miguel Rodriguez is failing to discipline the thugs at the school.

Violence is unacceptable. Period.

Rodriguez should not be catering to the thugs.

The American flag should not be banned on any day in an American public school.

If there were concerns about violence between the "Mexican-American students" and "American students," the problems at the school are far greater than clothes.

Officials at Live Oak High School should show respect for the various ethnic backgrounds of its students. Students should show respect for each other.

Everyone at the school should show respect for the American flag as one of the most important symbols of our nation.

The American flag is not "incendiary."

That's an insult to veterans and active members of the military. It's an insult to every American.

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