On The Front Lines
TRI Sues Calif. School on Behalf of Students Prohibited from Wearing American Flag T-Shirts to School
SAN JOSE, Calif. -- Seeking to vindicate the First Amendment rights of students, The Rutherford Institute has filed a lawsuit against a California public school district over its decision to prohibit students from wearing American flag t-shirts to school on Cinco de Mayo.
A copy of the complaint is available here.
The lawsuit alleges that the constitutional rights of students at Live Oak High School in Morgan Hill, Calif., were violated when school administrators decided that t-shirts bearing the image of the U.S. flag should be banned from school on May 5 because of the Mexican holiday "Cinco de Mayo." Alleging that the decision by school officials constitutes viewpoint discrimination against pro-U.S.A. expression, the complaint filed on behalf of the students and their parents seeks a declaration that the action violated the First Amendment and injunctive relief against a vague school district policy allowing prior restraints on speech to be imposed upon students.
"This is a clear and egregious violation of the free speech rights of these students," said John W. Whitehead, president of The Rutherford Institute. "This type of discrimination and censorship cannot be allowed in our schools or it will destroy the First Amendment."
According to the complaint, on May 5, 2010, three Live Oak High School students wore patriotic apparel to school which bore various images of the U.S. flag. During a mid-morning "brunch break," the students were approached by Assistant Principal Miguel Rodriguez, who allegedly told the students they could not wear their pro-U.S.A. shirts and gave them the option of either removing their shirts or turning them inside out. When the students refused because the options would be disrespectful to the flag, Rodriguez ordered them to go to his office.
After two of the students' parents arrived at the school, Rodriguez is alleged to have lectured the group about Cinco de Mayo and indicated that this day was not for America. Principal Nick Boden then met with the parents and students and allegedly affirmed Rodriguez's order stating that it was inappropriate to wear pro-U.S.A. shirts to school on Cinco de Mayo.
According to the complaint filed by Rutherford Institute attorneys, two of the students were ordered to leave the school with their parents when they refused to comply with the ultimatum to conceal the U.S. flag image on their shirts. The lawsuit asserts that school officials violated the students' rights under the Free Speech Clause of the First Amendment, the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and the protection of freedom of speech granted by the California Constitution.
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