Court rules against American Flag on Cinco de Mayo, says too threatening

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On Thursday, the U.S. Ninth Circuit Court of Appeals upheld a California high school’s decision to outlaw American flag t-shirts on Cinco de Mayo. Officials at Live Oak High School banned American flags on May 5, 2010 because the year before there had been altercations between white students and Mexican students. There were American flags and chants of “USA.” According to reports, there were also Mexican flags and kids running around saying, “frick them white boys. Let’s frick them up.”

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On Cinco de Mayo in 2010, a handful of students showed up with shirts emblazoned with American flags. The principal told those students to turn the shirts inside out or leave school. All kinds of threats against those flag-wearing students occurred around May 5, 2010 as well.

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School administrators at Live Oak High School – a school with a predominant Mexican-American student-body – had called the patriotic apparel “incendiary.” (RELATED: Students threatened with suspension for wearing U.S. colors on Cinco de Mayo) Students of Mexican heritage told local media that the American flag-festooned students should apologize. They said ethnically Mexican students wouldn’t wear a Mexican flag on the Fourth of July (not a school day, but never mind). The Ninth Circuit held that school officials have wide latitude to limit freedom of expression.

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