Friday, November 11, 2011

American Flag Banned....On Cinco De Mayo

More judicial activism from Northern California (Brian Sussman).

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.

Here's some background on the case. Four students were sent home for wearing t-shirts with the US Flag on Cinco de Mayo in Morgan Hill, CA. Hispanic students used it as an excuse to walk out of class march.   During this march, one motorist flying the US flag was attacked.

As the Suss-man notes, Cinco de Mayo is not even an official holiday.

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.

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