TRI In The News
California Court Sides with Bullies, Says School Right to Censor U.S. Flag
From The Greeley Gazette
Original article available here
A federal court has ruled that a California public school district was right when it condemned students who were wearing the American flag on t-shirts. It was said the t-shirts were offensive to Mexican students and could cause violence.
Court Judge James Ware issued a summary judgment dismissing the case filed by parents of high school students at Live Oak High School in Morgan Hill, Calif.
The issues surrounding the case began in 2010, when three students wore t-shirts emblazoned with the American flag to show their U.S. patriotism on Cinco de Mayo. During a mid-morning "brunch break" the students were told by Assistant Principal Miguel Rodriguez they would not be permitted to wear their shirts displaying the U.S. flag and they would need to either remove the shirts or turn them inside out.
When the students refused to do so, feeling that would be disrespectful to the flag, Rodriguez ordered them to his office.
Rodriguez allegedly lectured two of the students' parents about Cinco de Mayo when they arrived, saying he had received complaints from Hispanic students and that the flags needed to be covered up to avoid offending Hispanics on "their day." Principal Nick Boden backed Rodriguez up claiming he did not want to offend students who were celebrating Cinco de Mayo.
During this time, the only flag that was prohibited was the American flag. John and Dianna Dariano, Kurt and Julie Ann Fagerstrom and Kendall and Joy Jones filed the case on behalf of their children. The case was brought by the Rutherford Institute, the Thomas More Law Center and the Becker Law Firm of Los Angeles.
In the case, attorneys argued the school's order amounted to viewpoint discrimination because it only applied to the American flag. During the day, students were allowed to wear pro-Mexican shirts and other displays, including body paint, to show support for Mexico.
John Whitehead, President of the Rutherford Institute, said that the three teenagers who were wearing the U.S. flag were not being disruptive in any way.
Judge Ware said because of security concerns the school had the right to forbid students from wearing the American flag.
The judge's ruling noted that after students were walking around the school with a Mexican flag, "Caucasian" students displayed a U.S. flag on a tree.
The judge wrote that, "One Mexican student shouted, 'F--- them white boys, f--- them white boys.'"
After Assistant Principal Rodriguez asked the Mexican student to stop using such language, the student said, "But Rodriguez, they are racist. They are being racist. F--- them white boys. Let's f--- them up.'"
The judge also said during the day a "male student" approached one of the plaintiffs and "shoved a Mexican flag at him."
Based on these incidents the judge said rather than blame those who were causing the bullying, the school was right to censor the victims of the threats.
Whitehead told the Gazette that the case amounted to letting bullies force those opposed to them to back down. "Courts have previously ruled against what is called a 'hecklers veto,' meaning a heckler is not allowed to shut down someone else's free speech. However, in this case the judge ruled that those who are opposed to someone else's speech are allowed to have their way based on security concerns."
Whitehead said they are going to appeal the case, "This is just political correctness by school officials trying to impose their personal system on the students."
Whitehead said he was not opposed to the students wearing the Mexican flag. "If they want to wear a flag on Cinco de Mayo, that's fine. The point is you can't discriminate by saying what flags can be worn and which ones cannot." he continued. "If Hispanic students do get violent, those are the ones you punish, not the ones that are expressing themselves."
