Federal Court Upholds U.S. Flag Ban on Cinco De Mayo; Lawyer Vows to Take Case to U.S. Supreme Court

Fox News Latino, September 18, 2014

A federal appeals court will not reconsider a unanimous February ruling upholding the actions of a principal in a Northern California high school who ordered students wearing American flag shirts to turn them inside out during a 2010 Cinco de Mayo celebration.

Live Oak High School in the San Jose suburb of Morgan Hill had a prior history of problems between white and Latino students.

Parents and a few lawmakers had argued that the actions violated the students’ Constitutional right to free speech.

In the original ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals decided that past problems at the school gave officials sufficient and justifiable reasons for the order. In its opinion, the court said that schools in general have wide latitude in curbing certain civil rights to ensure campus safety.

On Wednesday, the Circuit Court of Appeals announced that a majority of its 29 judges had voted against rehearing the case.

In 2009, a group of Mexican-American students waved a Mexican flag around the Live Oak campus.

Some non-Hispanic students then raised the American flag on a tree, and the two groups exchanged profanity-laced threats.

The next year, after the principal issued the order for students wearing Stars and Stripes shirts to turn them inside-out or go home with an excused absence, the incident garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing.

Three children and their parents sued the school district with the assistance of the American Freedom Law Center and other conservative legal organizations.

William Becker, a lawyer representing the students called Wednesday’s decision “outrageous” and said he’d likely take the case to the U.S. Supreme Court.


Cinco de Mayo marks the Battle of Puebla on May 5, 1862, when Mexican troops defeated a French army of Napoleon III. In many ways, it is more of a holiday in the U.S. than in Mexico, a celebration of Latino heritage with parades and revelry in many major cities.

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  • Publius Pompilius Quietus

    It is absolutely appalling that American courts would prohibit Americans from waving their flag because of Cinco de Mayo. Indeed, there is nothing more characteristic of the ethnic invasion of the nation our forefathers build.

  • MekongDelta69

    This is from the 9th Circus Court of Appeals – the most radical leftist court in the country.

    American Flag – No
    Mexican Flag – Si

    • Publius Pompilius Quietus

      If the USA were a real nation, rather than a colossal bureaucracy, these ethnic arsonists would have been laughed out of court. Alas, antiracism is the new religion of the West, so its theology must be enforced to the nth degree. That is you see here.

  • They were wearing shirts of the flag that represents the system that won’t help them and in fact hates them. To add another layer of sad irony to the cake, the Ninth Circus decided this two days ago, September 17, Constitution Day. As in another useless piece of paper that was of no help to the Morgan Hill Five.

    • TruthBeTold

      Thanks for pointing out that irony.

      The kids tried to show pride in their country but their country isn’t proud of them.

  • LHathaway

    I seen one one tried to ban the Mexican flag.

    • me

      I’ll burn the sombreros, the frijoles, the enchaladas, and the Taco Bell Chihuahua if I want to! Then, I’ll cover the whole mess with a large pile of excrement, just to show that my heart is in the right place….

  • Truthseeker

    All they’re doing is setting the stage for the great White awakening. Even kids can see that this business of not being allowed to be patriotic in your own country is self-destructive insanity. Keep shaking our people out of their stupor, Left. No longer will we appease invaders. We’re standing up for ourselves.

    • Periapsis

      An awakening is underway alright. One that will be the most terrible sort of awakening imaginable for all who are displacing, oppressing, harassing, impoverishing, harming, terrorizing and killing us. It would be the sort of awakening that will unleash the gathering rage and fury in our hearts, a monster that once set free will feast on their blood.

      • bilderbuster

        White Devil Rise!

  • This is just another reason why I don’t trust the judges. As a retired cop, I’ve been to court more times than I can count, and I’ve seen these smug, self-righteous judges who are so compassionate on the darlings of ‘diversity’ yet who often show little genuine empathy for their victims (often whites).

    They are Lefties to the core, and none of them lives anywhere even remotely close to the ‘people of color’ they frequently side with or whom they give light sentences to.

    The male judges are often feminized, be-speckled types who’ve never had to live among nor deal extensively with blacks or Hispanics. Their knowledge of race is academic, what they learned in university from a textbook – and it’s all wrong!

    The female judges are hard-core Leftist and feminists. Many, I suspect, secretly despise men and some are not to quiet about it either. The feign fairness and impartiality, but then pass down the sentences they really want based on their liberal presuppositions about the world.

    The 9th Circuit Court of Appeals is the result of what radical Leftists began in the 1960s when they vowed to ‘march through the institutions.’ I’d say their plan worked.

    • JohnEngelman

      Judges and courts have too much power in the United States.

      • JP Rushton

        When Republicans are asked about their stance on gay marriage they should just say “We are run by a judiciary that doesn’t care what you or I think. They will tells us what do whether we support it or are against it.”

        Of course liberals gush over the fact that judges are doing whatever they want to get gay marriage legalized, but the judiciary is like a rabid pitbull. You cheer when it attacks your enemy, but there is a good chance it is coming for you next.

        • JohnEngelman

          I disapprove of the Citizens United v. Federal Election Commission Supreme Court ruling of 2010, which allowed unlimited corporate financing of political campaigns.

          The courts are loose cannons that can roll in any direction, doing a log of damage.

          Candidates I vote for often lose. Nevertheless, I have more confidence in the electorate than the judiciary.

        • none of your business

          That’s what I say when people want to talk about gay marriage. I just say that the judges can make up any law they want and will do what they want.

    • me

      Hate em!

      • Samuel Hathaway

        Our First-Mulatto-In-Chief deserves to enter the tyrannical, gun control hall of fame.

    • none of your business

      I spent 15 years in Bay Area law enforcement and could not agree with you more.
      The county superior court judges have to follow the rules laid down by state and federal higher courts, but they delight in doing so.

  • mobilebay

    Things like this make me want to do a “Phillip Nolan.” Instead of never wanting to see this country again, I would like to never lay my eyes on an Hispanic again.

    • Periapsis

      You and me both, the day I do not see a single one of them is a wonderful day.

  • White Mom in WDC

    Don’t you people get it, this country is an effing farce. It has been Anti White since its inception. It has never been a nation but a plantation. The problem here is that lettuce pickers have overrun the plantation. Time to get gangster and disregard ‘laws’ and ‘courts’ and other dog and pony show accoutrements.

  • TheCogitator

    They threaten violence, we don’t. If whites would attack anyone with a Mexican flag, the principal would have to ban Mexican flags. If we don’t stand up for ourselves, no one else will, even our court system.

    • RebelliousTreecko

      No, I doubt it’d work like that.
      The Whites would be punished for hate crimes.

    • They’d bring in Federal troops to disarm anyone inconveniencing the Mexicans’ rights to display their flag. If a local militia resisted with guns then they’d bring in armored cars or M1 Abrams tanks to disarm them. As long as the “offenders” who resisted the Mexican flag were white that is.

  • The Worlds Scapegoat

    Isn’t being refused the right to fly an American flag a violation of the first amendment?


    • me

      Yeah, but they don’t care. Our jewdicial system and our ‘goverment’ are rotten to the core.

    • DiversityIsDeath

      “… in its opinion, the court said that schools in general have wide
      latitude in curbing certain civil rights to ensure campus safety.” [QUOTE]

      Yes, it’s unbelievable. This court claims civil rights can be “curbed” under certain circumstances.

      • Periapsis

        More like a blanket destruction of whites’ civil rights and only whites’ civil rights. All the more reason to homeschool or otherwise remove our children from these racial cesspools.

    • Peter Connor

      Marxist clowns in gowns don’t believe in the first amendment.

    • none of your business

      Nothing is a violation of the first or any amendment if you are White. The United States Civil Rights Commission proclaimed this many, many times.

  • Luca

    Punish the victims. Appease the bullies and trouble makers.

    It’s been going on for too long now.

    • The Worlds Scapegoat

      It has been the American way since I was born (mid 1960’s).


  • Bill E. BOBB

    seems they should ban mexicans from celebrating mexican holidays in AMERICA

  • GB101

    Did the principal also tell the Mexicans they could not wave the Mexican flag?

    • The Worlds Scapegoat

      I wonder if I could wave the Nazi flag on April 20th at the school?


      • GB101

        Imagine how upset the principal would be if someone displayed the Confederate flag. It does seem odd that the Fox report does not address the answer the question I raised. Isn’t it a natural question to ask?

        Suppose he principal had said “We have two groups of students taunting each other by displaying flags. They are not displaying the flags out of patriotism for the US or affection for their ancestral homeland, but to foment trouble. I do not tolerate trouble. No flags.”

        That would, I think ,be more defensible than saying “No US flags.” I think I would still disagree, but it would be more defensible.

        However, I suspect principal said “No US flags,” seeing the US flags as a provocation and the Mexican flags as an expression of pride.

        One more point: flag etiquette. Is it respectful to wear a US flag tee shirt? I mean respectful to the US flag, not respectful to the Mexicans-Americans who claim to love Mexico but would not live there under any circumstances.

        • Periapsis

          The Mexican flag, Menorahs and other alien flags or symbols ARE a provocation to violence, period. As whites very existence comes under greater and greater threat in their own homeland, we will see killings, vandalism, arson and assaults started by someone flashing one of them.

  • UncleSham

    Why would Americans celebrate the victory of Mexicans over the French? The French have been our allies since before we were even a country. We may not have won the Revolutionary war without the help of the French. What has Mexico ever done for us?

    • Periapsis

      Nothing, that is why I think we should have invaded Mexico long ago and taken control of it the way Russia has taken control of surrounding nations as a buffer zone.

    • phillyguy

      what has Mexico done for us ,,sucks all our hard earned tax dollars ,uses all of our resources in free food, free medical care and free housing!!

      • Samuel Hathaway

        All that changes when the reconquistadores come here to work for the Korean business hierarchy, sweating like slaves 70-80 hours a week in the kitchens of Korean restaurants, eeking out just enough money to live in dilapidated apartment complexes that have been taken over by the occasional violence of the El Salvadoran gangs.

      • Dale McNamee

        Not to mention the billions of dollars that we give them via foreign & military aid…

    • They’ve given us lots of gangs. lots of graffiti, squalor, caused most of us to abandon our neighborhoods in white flight, helped populate our prison system, overloaded our emergency rooms and hospitals, further burdened our welfare system, and forced us all to pay even more in taxes because of them.

      Yeah, I’d say they’ve done a lot for us . . . but it’s the kind of help we don’t need!

    • model1911


      • Dale McNamee

        And disease-ridden,illiterate,criminal,arrogant illegal parasites !

      • bilderbuster

        Ever hear of a cookbook?

    • bilderbuster

      Cinco de Mayo isn’t a national holiday in Mexico.
      I think the reason it’s celebrated here is because the Mexican Army could never beat the American Army but they once beat a White French Army and that’s good enough for them as a way to rub it in the face of White people.

  • cuxhaven

    “They are as American as apple pie”-Barack Obama.
    Yea right.

  • humura

    That school principal does not represent America. Nor does the 9th Circuit. If display of the American flag causes conflict on May 5, the forbid the Cinco de Mayo celebrations. It is an American school paid for by American tax dollars. Fire the principal; impeach the judges who would ban the American flag, and try to restore California to the United States of America and not the U S of Mexico!

    • bilderbuster

      This isn’t the 1980’s when voting could still have changed things.

  • Samuel Hathaway

    Cinco De Mayo is merely another anti-white, anti-American weapon by which third-world squalor imposes its hegemony on the white-majority and imposes the Mexican flag as a symbol of the dispossession of the free-expression of white students. As such, in California which is legal territory of the United States of America, white students as well as American students of other races have every right to display the stars and stripes.

  • Texan1st

    Is this an example of diversity being our strength?

  • Texan1st

    The 9th Circuit leads the way in having their decisions overturned. This too won’t stand. Unless the SCOTUS turns left by the time the case makes it to them.

  • superlloyd

    More craven capitulation by unAmerican, liberal traitors.

  • 4321realist

    “In 2009, a group of Mexican-American students waved a Mexican flag around the Live Oak campus. Some non-Hispanic students then raised the American flag on a tree, and the two groups exchanged profanity-laced threats.”

    An alien group in the US whose people reject this country, its flag and its traditional values by supporting those of the failed state they fled from should have been disciplined harshly and told to go back home if they wanted to honor it. And if they continued to cause problems with bad attitudes, causing dissension and fighting, then they should have been forcibly deported.

    It’s not a complicated issue and to take the side of the hate-filled colonists is disgraceful.
    These judicial pigs have no real understanding of fairness and too often are beset with mental disorders.

    They’re not fit to “judge” anything or anybody. In addition to being deported they should have their assets and bank accounts confiscated.

    • Samuel Hathaway

      If you could only approach the judges and read them this statement. Only overeducated lawyers who ascend to judgeships could miss your point, very eloquently and truly stated.

      Look how the Supreme Court has been wrecked with the appointments by our First-Mulatto-In-Chief. Sonya Sotomayor, our the first Hispana-supremacista on the High Court and Elena Kagan? You’ve got to be kidding!

    • bilderbuster

      They should have been deported the first time they showed up for school.

    • Periapsis

      Personally, I think they should be killed as enemy insurgents. That is exactly what they are.

  • Meanwhile, Miley Cyrus does a concert in Monterrey, Mexico. Part of the act is one of her black dancers slapping her around with a Mexican flag. Mexican authorities want her prosecuted for that. I think that’s a good deal: We give Mexico her and all her black dancers, and in exchange we get back the Marine.

    • Samuel Hathaway

      Amen to that. Sounds like a deal to me.

      Well, it does appear that Miley Cyrus and her black dancers might, just might, have some good taste when it comes to the Mexican flag.

  • Dale McNamee

    From the article : ” Cinco de Mayo marks the Battle of Puebla on May 5, 1862, when Mexican troops defeated a French army of Napoleon III. In many ways, it is more of a holiday in the U.S. than in Mexico, a celebration of Latino heritage with parades and revelry in many major cities.”

    I noticed the word ” revelry ” in the article… Another “drinking holiday” ginned up (permit my small bon mot) by Corona & other Mexican beers…

    I don’t like the way St.Patrick’s Day is celebrated as a alcohol drenched pagan celebration instead of honoring St.Patrick, who brought Christianity to Ireland and helped spread it to the world…

    But, US citizens of Irish descent would not demand that the US flag be BANNED from their St. Patrick’s Day celebrations… Like these UNGRATEFUL MEXICAN/HISPANIC/LATINO DOGS,er, I mean students do !

    The Mexican/Latino/Hispanic culture has a lot of “machismo arrogance” that needs to be slapped down every time,everywhere…

    Same goes for their “advocates & supporters” !

    • none of your business

      Here is the true reason the messicans won the Battle of Puebla. The French had just landed at Vera Cruz and after a few days were totally laid low with dysentery and food poisoning. Obviously it was easy to win the battle. It took a couple weeks for the French army to recover and they easily conquered messico.
      They would not have left had not Abraham Lincoln and then Johnson warned them that at the end of the civil war the Americans would invoke the Monroe Doctrine and get them out of messico.
      When the north won the civil war the French left leaving their puppet Emperor to either leave or die. He chose to die.

      • Dale McNamee

        So, the Mexicans needed dysentery & food poisoning to win… So much for the “Superior Mexican Culture” ! /sarc

        You can still get dysentery and food poisoning at some Mexican restaurants…

        Remember the E.Coli infused lettuce at Chi-Chi’s ?

    • Lord Sandwich

      We have an expression around my house. ” Cinco de Mayo. Yeah, when is that?”

      • Dale McNamee

        Very Funny !

  • Alexandra1973

    Mexican-American students?

    If they’re waving a Mexican flag, I’d be extremely reluctant to refer to them as Americans, even hyphenated ones.

  • We solved this problem by flying the CBF. I also have a Welsh flag, but my HOA regulations only allow an American flag to be displayed. Since the CBF is an American flag, they have no traction on that score, even when someone pretends to be “offended”.

    Someone once knocked on our door to pretend to be offended over the CBF. I said “Good. Good if you’re offended. You’re not offended enough yet, so f&@$ you!”

    • MBlanc46

      I take your point, but, broadly speaking, the Mexican flag is an American flag, too.

      • Samuel Hathaway

        the Mexican flag is an American flag? Why? Because Mexico is part of the North American continent?

        • MBlanc46

          As American as the Confederate battle flag was. It was intended to be the flag of a separate North American nation.

    • Peter Connor

      The CBF is also an awesome flag.

    • none of your business

      I was looking at Saltire flags. The Jamaica flag is just like the CBF with different colors. Can’t wait for some black tourist from NYC to object to the Jamaica flag as soon as he steps off the cruise boat.

  • MBlanc46

    I’ve never been a big flag waver, but if the display of the Mexican flag is allowed, the display of the US flag jolly well out to be.

    • Samuel Hathaway

      No, here’s the way it works.

      The American flag is allowed, period. Not as a secondary consideration to some other foreign flag being given first priority.

      That’s like saying that if American students in Mexico City are allowed to display Old Glory, then the Mexican government should allow Mexican students to then display the Mexican flag.

  • none of your business

    Median household income in Morgan Hill Ca is $90,000. Average value of a single family home $700,00, but there are plenty of 3 to 8 million dollar properties. Of course they come with 20 acres, a barn, a corral and a couple cottages.
    The town has few Asians which means that the median household income does not come from the typical crowded Asian household with several working adults, it comes from a single income White American family with a stay at home Mother.
    The messican kids are the spawn of the non union unskilled construction workers who build c**p that has to be redone and redone. They are also the spawn of the numerous maids, gardeners, food market clerks and restaurant help that infest the area.
    The parents enjoy the benefits of all that cheap labor. Those 80 hour a week TECH workers don’t have to wash their cars or mow their lawns. The wives and kids don’t have to either, they just enjoy the benefits of full time maids and twice a week handymen.
    The principal is an affirmative action messican.
    The Whites of Morgan Hill want the cheap labor and freedom from gardening and housework. This is the result. I don’t think there is a private high school within reasonable commuting distance.

    • MBlanc46

      I don’t know the details of the area, but your comments about the insatiable desire for cheap labor on the part of a large percentage of the white middle and upper classes are spot on.

  • Lin

    The flag should be displayed on all days, especially on:

    New Year’s Day, Jan. 1
    Inauguration Day, Jan. 20
    Martin Luther King Jr.’s birthday, 3rd Monday in Jan.

    Closed the page after I saw that one. Somehow I find it more dishonorable to follow this last “rule” than to break it.

    • none of your business

      I’ve posted this before. If I ever buy a dairy farm I will paint the American flag on the bed of the manure spreader and a series of smaller flags on the bottom of the manure gutter.
      The American flag is the flag of the country that hates us and wants us dead. What victim of anti White America would want to display the flag of the enemy. Anyway, it is ugly with those gaudy eye irritating stripes and the blue field in the wrong place and all those cluttered stars.

    • Why shouldn’t BRA’s flag be flown on the observed birthday of BRA’s patron saint?


    • Samuel Hathaway

      I think Miley Cyrus wouldn’t mind doing that. Heck, she’s beyond shame.

  • Paleoconn

    They can celebrate their holidays back in Mexico if the sight of the US flag bothers them. Instead kids should wear T-shirts with the national anthem on it, or the Constitution. flag banned? Take this, liberal pansies!

  • bilderbuster

    He also died in Mexico.

    • Periapsis

      Indeed, he was killed by another Bolshevik who hacked him to death with an axe. I couldn’t think of a much better way for a Bolshevik to die than at the hands of the monster he helped to create in Ukraine.

      • bilderbuster

        It couldn’t have happened to a nicer guy.
        He’s still highly respected in the “Jewish Community”.

  • Malgus


    9th Circus comes through in the clutch again!!

    Heard somewhere that the 9th Circus gets reversed 90% of the time when the case goes to SCOTUS. Don’t know how true that is, but it sounds about right…

    I hope it gets reversed in front of SCOTUS and we can tell La Raza to stick their Stinko De Mayo “celebration”…

  • Harry

    “..9th U.S. Circuit Court of Appeals..”
    No more need be said.

    • TXCriollo

      Ya that court has been one of the main reasons for the destruction of American society

  • Ograf

    I’m an old Army guy , I would like to see someone come and take my flags down.