School’s Censorship of Old Glory Challenged

Bob Unruh, World Net Daily, February 29, 2012

A federal appeals court has been asked to overturn a judge’s determination that a school can order students to remove U.S. flag-themed articles of clothing because other students celebrating Mexico’s Cinco de Mayo could be upset by Old Glory.

The appeal with the 9th U.S. Circuit Court of Appeals was filed today by several legal teams who are working on behalf of three students attending Live Oak High School in San Francisco’s Morgan Hill Unified School District.

“It is a sad day in our nation’s history when government officials ban the American flag on a public high school campus for any reason,” said Robert Muise, founder and senior counsel for the American Freedom Law Center, one of the groups working on the case.

“Here, school officials feared that our clients would offend ‘Mexican’ students if they wore their flag shirts to school on Cinco de Mayo, so they ordered the students to either remove their shirts or leave school in direction violation of their First Amendment rights,” he said.

The AFLC is working with the Becker Law Firm of Los Angeles as well as the Rutherford Institute on the case.

“The American flag is not a symbol of racism or race hatemongering. It should never be ordered into a student’s locker just so it won’t offend people because of their pride in another nation’s culture,” said William J Becker Jr. of the Becker Law Firm. “The American flag symbolizes unity and promotes a public school’s goal of providing students with opportunities to celebrate their cultural heritage. The First Amendment guarantees students the right to express their patriotism every day of the year regardless of whose cultural heritage is being celebrated.”

Earlier, at the district court level, it was Judge James Ware who ruled that it was reasonable for the school to censor the flag because there were students who apparently hated the emblem enough to threaten with violence students who were wearing it.

He also ruled that the censorship was “equal” with permission by the school for other students to wear the Mexican flag because there was no one who was threatening violence over that.


In a report about the flag case, the AFLC said, “School officials intentionally restricted the students’ speech on May 5, 2010, because they believed that the message conveyed by their patriotic clothing would offend some Mexican students since it was Cinco de Mayo (i.e., ‘their day’). School officials enforced the clothing restriction even though they had no objective evidence that the students were causing any disruption—let alone a material and substantial one—to the operation of the school.”

The report said the school had approved the day to be recognized by the MEChA student group.

“M.E.Ch.A. is an acronym that stands for ‘movimiento’ [movement] ‘estudiantil’ [student] ‘Chicano’ [an ethnic identity] and ‘Aztlan’ [referring to the mythical homeland of the Aztecs]. ‘Chicanismo’ is a term that includes as part of its definition ‘a personal decision to reject assimilation and work towards the preservation of [the Chicano] cultural heritage.’ In other words, M.E.Ch.A, by its very name, is a student movement that rejects the assimilation of Chicanos into American culture. According to the M.E.Ch.A. club’s ‘Charter/Constitution’ that was filed with school officials at Live Oak High School, the purpose of the club is, in part, to ‘support students who have a desire to keep up their own culture & customs,’” the AFLC said.

The confrontation developed when, as instructed by Principal Nick Boden, Assistant Principal Miguel Rodriguez “approached the students and directed them to turn their American flag T-shirts inside out.”


“When the students refused to disrespect the American flag, Rodriguez directed them to go with him to his office. The students complied. After receiving a call from her son, Ms. Diana Dariano, the mother of one of the student plaintiffs, arrived at the school and addressed the matter with Rodriguez. Other parents soon arrived, and a meeting was held with Principal Boden. During this meeting, Boden and Rodriguez made it clear that they objected to the students’ American flag clothing because they believed that its message would offend Mexican students on campus since it was Cinco De Mayo,” the report said.


During the district court stage of the dispute, evidence revealed that, “One Mexican student shouted, ‘F—them white boys, f—them white boys.’”

When Rodriguez told him to stop using such language, the Mexican student said, “But Rodriguez, they are racist. They are being racist. F—them white boys. Let’s f—them up.’”

The judge noted in another situation that a “male student” approached one of the plaintiffs and “shoved a Mexican flag at him.”

A female student also “approached plaintiff M.D., motioned to his shirt, and said, ‘why are you wearing that, do you not like Mexicans?’” the judge wrote.

Because of such behavior, the school officials were correct to blame those wearing the attire and take action, the judge said.


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  • I am offended by every 5 foot tall little Indian with pretensions being offended by the American flag. They should all be thrown over a 20 foot tall concrete border wall with extreme prejudice and shot if they ever try to get back in. These ingrates make me sick. They all should hop on their burros and andale andale ariba cowardly back to their failed narco-state hellhole if they are so ashamed of America.

    The sorest losers of a war that they wanted, of all time!

  • Alexandra1973

    If they don’t like seeing Old Glory, too bad.  They can just head back to Mexico (or wherever they came from).

  • IstvanIN

    Sounds like a number of cities in New Jersey.

  • You don’t have to go to their countries.  Americans are attacked at soccer games right here. 

  • JackKrak

    It’s always interesting to me how immigrants’ patriotism seems to intensify after they’ve left whatever third world toilet they come from. I’m so sick of the whining and complaining of people who love Mexico, Puerto Rico, Cuba, Honduras, El Salvador, etc. so much that they left it.

    • Alexandra1973

      They love their home country so much they want to share it with us!

      Or rather, force it on us.

  • Alexandra1973

    English is our “de facto” language; unfortunately it’s not official.  Should be, though.

    Last time I checked our Constitution was in English.

    I took Spanish from 7th grade to 12th grade. I remember being in 7th grade, in 1985, and told that Spanish was more or less our second official language.

  • June39

    Mexicans are offended? Well, this is what I’m offended by…

    1. illegal aliens who break into my country.
    2. Those in our govenment who want to subsidize them with taxpayer funds.
    3. Foreign aid to counties who hate us.
    4. Foreign aid at all since we must borrow it to pay someone else’s bills.
    5. The destruction of our natural resources and social welfare systems.
    6. The feeling of entitlement to our bounty that other nations have.
    7. Foreign leaders who urge their people to invade our nation.
    8. The trashing of our borders
    9. The takeover of our schools and emergency rooms.
    10. The overload of our prisons with foreign criminals.

    This is just the beginning of my list. Anyone want to add to it? Feel free.

  • sflbib

    If you are going to be in a country, you have to expect to see its flag occasionally.

  • The_Bobster

    Many decades ago, the canecutters at my HS tried to take down our flag and replace it with the Cuban flag on Jose Marti Day. A riot ensued. I guess we had more guts and pride in our country back then.

    • Dewey


      You are about to see some scrappy activity from Urban Whites.  We are a different breed, and their are more and more of us.  We don’t hold the naivete of Suburban Whites, and we are not afraid to be called “Racist”. 

      I divide Whites into Urban Whites and Suburban Whites.   Urban Whites tend to be more frank of race issues, and we are shocked when we encounter the Suburban Whites speaking politically correct platitudes.  

      See, the best part about of “diverse” education is that is inoculates you from being naive.  Think about it: with all the “diverse” schools in the country, you are going to get a tough breed of Whites.   

      Of course, who will have some of the girls who tend to stick more with the minorities, but the guys are going full out into race realist mode.   Eventually, after they have learned their lessons, the girls stop falling for the politically correct nonsense.

      Yes, the tough White American is coming back. 

      • Of course, who will have some of the girls who tend to stick more with
        the minorities, but the guys are going full out into race realist
        mode.   Eventually, after they have learned their lessons, the girls
        stop falling for the politically correct nonsense.

        Except in the last few weeks on AR, we’ve had stories about young white women making YT videos complaining about black misbehavior.  I don’t think the men will become WNs or RRs any sooner than the women, because of all the “sniffing” (I left out a word) and the black athlete worshiping.

  • Dewey

     God you should see the infatuation soft-headed fuzzy liberals have with “Latinos”.

    They tend to love salsa music, and really do subscribe to the whole “wise Latina” idea. 
    In the little hippy dippy world peace type get togethers, the boomers like to shake it up to Merengue and Salsa, imagining how once all the races get together, they will be just like Latin America.

    And that is the truth:  the USA will just become more like Latin America.  Things might be a little bit more “fun” in the sense of more parties and corruption, but the GDP per capita will go down.
    We Whites can look to the other Latin American colonies to see what happens to the Whites.
    One can remember that most of the Latin American colonies were founded a bit earlier, meaning they are a nightmare vision of our future. 
    Chile will always be White.
    The Incas of Peru are actually kind of smart, they are good at mechanics and engineering. 
    The Blacks will always be crazy, with their own areas for them.

    Basically, if you want to be successful, you can.  However, there will be more corruption, because ethnicities will keep to their own.  You will have no choice.   You may be successful, but your nation may not be.   You can always move to Chile. 

    • IstvanIN

      Chile is not white.  It is mestizo, although with a larger white population than Mexico.  And even the “white looking” Chileans I would be leary of them actually being 100% European.

  • Brian

    If the government of Mexico were to offer me shelter from a violent and impoverished homeland, offer my children and I preferences when applying for jobs and college admissions, and provide generous welfare benefits I would fly their flag all day. 

  • Frosty_The_White_Man

    The Amerikwan flag offends me. Why? Because it’s been rendered all but meaningless. 1965 Immigration Act. State sponsored homosexuality. Endless wars that maim Whites and benefit corporations. Bankers with increasingly foreign names. Official discrimination against Whites in our own universities. My ancestors have been here for 300 years. If Amerikwa wants to abolish our people, we should abandon Amerikwa.

  • WStryker

    The thing is that they are NOT decent people.  Your points are very well said but since we are dealing with trash, trash is all we’ll become.

  • Frank

    This whole thing is ludicrous.  Don’t expect any help from the 9th Circuit. The  most liberal and most overturned circuit court in the country. 

    The school administrators should be fired.  The District Court judge should be impeached and the parents should re-take the school.  If Mexican students threaten violence they should be expelled.

    When did we become so docile about protecting our rights and culture?