TRI In The News

Judge Sides with School, Hispanic Students

From One News Now
Original article available here

A federal judge has ruled that officials of a California high school didn't violate the First Amendment when they prohibited three students from wearing T-shirts emblazoned with the American flag during a "Cinco de Mayo" celebration.

U.S. District Court Judge James Ware says Live Oak High School officials were justified in censoring the shirts for fear of disruptions at school. The school's population is about 40 percent Hispanic, and after some students complained about the U.S. apparel, the assistant principal told the students their attire was inappropriate. So, three of the students filed suit.

"Believe it or not, on the day this happened, which was May 5, 2010, you could fly the colors of the Mexican flag in the school, but not the colors of the American flag," explains John Whitehead, president of The Rutherford Institute. "So [apparently] it was okay to do the Mexican flag, but not the American flag."

He suspects the judge's decision was more about political correctness than about safety concerns.

"The whole point of the First Amendment is that we have a right to be politically incorrect," Whitehead argues. "James Madison, who wrote the First Amendment, said, 'I wrote the First Amendment to protect the minority against the majority,' and the minority he was talking about was those people who are willing to stand up against the prevalent thought of the day."

Now, The Rutherford Institute is planning to take the case before the Ninth U.S. Circuit Court of Appeals.