Banning the American Flag for Cinco De Mayo

A federal court has ruled that a California public school had the authority to prevent students from wearing clothing emblazoned with pro-American messages on the Mexican holiday,  Cinco de Mayo.

U. S. District Court Judge James Ware was ruling in a case involving students at Live Oak High School in Morgan Hill, just south of San Jose, who were banned from wearing American flag t-shirts on  May 5, 2010.

The judge determined that the Morgan Hill Unified School District decision to ban displaying the flag on clothing did not violate the First Amendment, and said that concerns by school officials over possible violence justified censoring the pro-American message.

“The school officials reasonable forecast that Plaintiff’s clothing could cause a substantial disruption with school activities, and therefore did not violate the standard set forth – by requiring that Plaintiff’s change,” the judge wrote.

“This is nothing more than political correctness,” said John Whitehead, president of the Rutherford Institute. His organization, along with Thomas More Law Center, represented the students and their families in the lawsuit.

“If these kinds of decisions are upheld, they will destroy our First Amendment rights,” Whitehead told Fox News.

The lawsuit stems from an incident that generated national attention last May when three students wore patriotic t-shirts, and red, white, and blue shorts and shoes to class.

The teens were told by assistant principal Miguel Rodriguez to  either remove their t-shirts or turn them inside out.

“The students were told their shirts would offend Hispanics,” Whitehead said.

The students refused.  At that point,  they were ordered to the office where Rodriguez lectured the kids on Cinco de Mayo, and told them that their clothing would offend Latino students on “their” day.

The school district maintained their only concern was student safety – and that’s why they asked the boys to change their shirts.

Wes Smith, the superintendent of the school district, told Fox News that he is “very satisfied with the decision.”

“We were encouraged to hear that the federal court found student safety paramount,” Smith said. “The other finding – that we did not infringe or deny students their First Amendment rights was also encouraging.”

Now, I ask this question: what did this lesson teach the students at Live Oak High School?  That the First Amendment can be shut down at any time in the name of political correctness!

Cinco De Mayo is a manufactured “holiday,” propagated by marketing firms out to sell taco chips and beer.  In Mexico, the date is only noteworthy to those living in the state of Puebla, where the day is observed to commemorate the Mexican army’s victory over the French in the Battle of Puebla on May 5, 1862.  Contrary to popular belief, Cinco de Mayo is not Mexico’s Independence day, that occurs on September 16.



  1. That’s it. The country’s finished.

  2. Mike Collier says:

    We well remember the discrace in Morgan Hill last year and this year we here on Vetrans Day that banning the flag reminds us against there are forces at work against our country.

    Too many times I hear from latin people that they think this land is theres. I always tell them we concured it fair and square and then we paid money for it. Lets remember the LaRaza mission of taking back the south west for mexico. When will the Federal government face this subversive movement against our country. Political correctness is a fragment of the entire sickness aflicting the US.

  3. Nona Faber says:

    Why doesn’t the school just teach a little Mexican history, the truth, and let the students sort it out?

  4. Brian, I could not agree more. If you are offended by the American flag, move to Cuba. Get out of my country. Shortly after the Sept. 11 attacks, I bought an American flag hard hat & bandana for work. I was told by one of the superintendents that I may “offend” someone by wearing the flag on my head. He said it was ok to put flags on our trucks, but not to wear any flag clothing. I told him the same thing. If someone is offended, get out. I continued to wear it & got a verbal warning, then a disiplinary letter put in my file. By the way, the superintendent is a big liberal. First, Cinco De Mayo is a made up holiday. Second, I am offended by people wearing & flying the Mexican flag. Guess that makes me a racist.

  5. I would hope they would appeal this ruling, and hopefully take it all the way the Supreme Court if necessary!

  6. The American Flag
    Brian: I recall many years ago the La Raza bunch were coming onto Southern California Campuses passing out their info saying police officers were pigs and such we did not understand at the time but they were being sponsored and pushed by the Unions. La Raza since has put on suits and ties and are now collectiong tax payer money. Obama and the Unions are trying to start race and class disturbances all over this nation what better excuse to call for marshell law and we all know where things go from there. When I was in school we celebrated St. Pattys Day and Chistopher Columbus cutting out four leaf clovers and wore green and maybe had Spaghetti in the cafeteria that day. But WE DID NOT run the Mexican flag up the flag pole and place it above the American Flag as would be done by an army who had just concored some country. Can you see the difference? What if American made a law that no one could live in the United Stated unless they spoke fluent English and gave total allegiance to the United States and could not even whisper the name of their country of origen let alone selebrate it.
    Can you see the difference between America and other dictator countries and this is why it is such a privilage and a honor to be able to live in the United States of America.

  7. I want to know why we are being forced to bow down to foreigners in our own country. I am also disgusted that these people said they did this because the hispanics will become violent. That is just promoting violence. That is telling them that if they threaten violence, or become violent they will be rewarded by getting what they want. I am voting for Gingrich. After I watched his debate with Cain I am 100% sure he is the man to fix this mess we are in.

  8. I would love to turn Morgan Hill red, white and blue…
    I have started a Facebook page to get things rolling to make that a reality.

  9. Dan Wheeler says:

    The country is not going to suffer because some spoiled brats want to use flag imagery to insult Latino students. The twee sissification of so-called “Patriots” who have hissy fits over these stupid fake controversies is faerie bearding, nothing more, nothing less.

  10. Wayne Humphrey says:

    The American flag is the highest standing flag. If anyone wants to wear a flag of their country, either wear it below the Flag of the United States of America, or go back to the country wear the flag is from originally.
    It’s about respect and love for the country you live in. I hope I didn’t offend anyone!

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