Upon seeing the white students wearing U.S. flags, Mexican American students called them racists and complained to Assistant Principal Miguel Rodriguez.
A California school dispute that arose when students wore shirts emblazoned with the American flag on Cinco de Mayo could prompt the Supreme Court to take a new look at free-speech rules for high schools.
Ever since students protested the Vietnam War by wearing black armbands, the justices have said the 1st Amendment protects the rights of students to peacefully protest at school, so long as their actions do not lead to a “substantial disruption.”
In recent years, however, some school officials have moved to curtail political fashion statements such as wearing T-shirts with Confederate flags or anti-gay slogans. They have argued that some limits were necessary to avoid offending other students and possibly provoking violence.
On Friday, the justices met to decide on hearing a case asking whether a school official’s fear of violence justified disciplining students for wearing American flags on their shirts.
The appeal in Dariano vs. Morgan Hill Unified School District asks the justices to decide whether wearing an American flag can be curtailed as an unnecessary provocation, or instead is a right of every citizen protected by the 1st Amendment. A decision on whether they will accept the case could come as soon as Monday.
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