Supreme Court Rejects Free Speech Appeal over Cinco De Mayo School Dispute

Lawrence Hurley, Reuters, March 30, 2015

The U.S. Supreme Court on Monday left intact an appeals court ruling that school officials in California did not violate the free speech rights of students by demanding they remove T-shirts bearing images of the U.S. flag at an event celebrating the Mexican holiday of Cinco de Mayo.

The court declined to hear an appeal filed by three students at Live Oak High School in the town of Morgan Hill, south of San Francisco. School staff at the May 5, 2010, event told several students their clothing could cause an incident. Two chose to leave for home after refusing to turn their shirts inside out.

The school had been experiencing gang-related tensions and racially charged altercations between white and Hispanic students at the time. School officials said they feared the imposition of American patriotic imagery by some students at an event where other students were celebrating their pride in their Mexican heritage would incite fights between the two groups.


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