Judge: School Can Ban American Flag Shirts

“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.

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, CA, who were banned from wearing American flag t-shirts on the Mexican holiday in 2010.

The judge determined that the Morgan Hill Unified School District 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.

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