TRI In The News
Defending Students' Public Patriotism
From One News Now
Original article available here
The Rutherford Institute is defending three California students and their right to wear American flag apparel at school, since they were banned from doing so in 2010.
The Live Oak High School students were confronted on "Cinco de Mayo" by a school official who told them they could not wear American flag apparel on the Mexican holiday. Other students, however, were allowed to wear clothing with Mexican flag colors and symbols. The school's population is about 40 percent Hispanic. John Whitehead of The Rutherford Institute details more about the case.
"A federal judge ruled that this was protected First Amendment speech -- that the school, if they had any belief that disruption might occur, that they could stop this expression," he explains. "We've now appealed that decision to the Ninth Circuit Court of Appeals."
If the lower-court decision stands, the attorney warns that school officials will be allowed to censor any form of speech they dislike.
"I think one thing we really want to show kids today is they do have a right to speak; they have a right to vent and talk about things," Whitehead says. "We can't be taking free speech and sticking a plug in it and destroying it, and that's what these kinds of cases are doing."
No matter who wins the appeal, Whitehead believes this case could make it to the U.S. Supreme Court.