Supreme Court May Hear Case on Banning US flag on Cinco de Mayo

flag-boysBreitbart – by  William Bigelow

The U.S. Supreme Court, prompted by the May 5, 2010 incident at Live Oak High School near San Jose where several students were punished after they wore shirts emblazoned with the American flag on Cinco de Mayo, may institute new standards for free speech.

On Cinco de Mayo 2009, Mexican-American students at the school raised a Mexican flag and marched around the campus, some white students responded by chanting, “USA! USA!” The white students answered one year later with the shirts adorned by American flags; the Mexican-American students then called them racists and protested to Assistant Principal Miguel Rodriguez.  

Rodriguez told some of the students wearing the shirts to American flag to turn their shirts inside out or leave the school; they left the school. Parents including John and Dianna Dariano and two other families then sued the school, filing a free-speech suit (Dariano v. Morgan Hill Unified School District), but a federal judge in San Francisco said the school was trying to prevent violence. That decision was upheld by the 9th Circuit Court in San Francisco in 2014, when it refused to rehear the case.

The Supreme Court’s standard has been that the First Amendment protects the rights of students to peacefully protest at school, as long as there is no subsequent “substantial disruption.”

In February 2014, William Becker, an attorney representing the students, said that if the appeals court refused to rehear the case, he would appeal to the U.S. Supreme Court, saying, “The 9th Circuit upheld the rights of Mexican students celebrating a holiday of another country over U.S. student proudly supporting this country.”

Now an appeal in Dariano v. Morgan Hill Unified School District stands before the Supreme Court, asking whether wearing an American flag in an American, taxpayer-funded school is deemed an unnecessary provocation against Mexican aliens celebrating a Mexican holiday, or stands as a 1st Amendment right. The school district’s attorneys want the Supreme Court to dismiss the case; but some 1st Amendment lawyers think the Supreme Court may consider the matter, according to the Los Angeles Times.

The only case involving free speech and public schools considered by the Supreme Court in recent years occurred in 2007, when the court said a principal could discipline a student with a banner reading, “Bong Hits for Jesus.” The court stated that the banner could be construed as promoting illegal drugs.

http://www.breitbart.com/california/2015/03/30/supreme-court-may-hear-case-on-banning-us-flag-on-cinco-de-mayo/

NC

10 thoughts on “Supreme Court May Hear Case on Banning US flag on Cinco de Mayo

  1. No,no,no,no,no,…….. if the supreme court even hears this case they’re guilty of treason…again.

    Now I need an American flag T-shirt just to wear on May fifth. “Cinco de mayo” is NOT a holiday in America. It’s simply the fifth day of May on any American calendar, in which country ENGLISH is the official language.

    Screw these wetback sons-of-bitches. NO ONE can infringe on your first article rights, and this infringement goes over the line. Every American in that school (if not the whole country) should be wearing American flags on the fifth day of May. If you’re NOT wearing an American flag T-shirt on May fifth, is because you’re a commie son of a bitch that’s welcoming the wetbacks in here.

    I’m tired of this passive BS. Pick a side, and get on it. You’re either an American, or you’re a commie son-of-a-bitch who needs to swing. If you’re an American, be proud of your country, and wave your flag.

    If you want to celebrate “cinco de mayo”, go to Mexico and have yourself a big party.

    1. If the SCOTUS does not hear the case the ruling stads as dictated by the 9th cir.

      Seroiusly doubt you seek such insanity.

      1. “but a federal judge in San Francisco said the school was trying to prevent violence. That decision was upheld by the 9th Circuit Court in San Francisco in 2014, when it refused to rehear the case”

        There is the reason why

        SF & the 9th circ

        The SCOTUS needs to MUST overturn that and set a precident

  2. The real issue here is that a bunch of hyphenated mestizo-Americans broke the law by flying the flag of mexico, a sovereign nation, inside the USA–IN PLACE OF THE AMERICAN FLAG. Treason, pure and simple.

    Now, we also have an admission that they are violent insurgents:

    “Parents including John and Dianna Dariano and two other families then sued the school, filing a free-speech suit (Dariano v. Morgan Hill Unified School District), but a federal judge in San Francisco said the school was trying to prevent violence.”

    Trying to prevent violence. The kids wearing their American flag apparel were not violent, so who is violent? The anchor babies. We are at war in our own States, a war of attrition, and we keep backing down. How much more, America? Where is our republic?

  3. What the hell is going on here?? Why would a federal court even consider hearing this??? Banning the American Flag? In America???? I am dumbfounded!

  4. 1. What race do these Mexican students believe that they are and what race do they believe the American students are biased against? Mexicans, like most of us are not one race, not by a long shot. European Spanish mixed with several native tribes is not a race.

    2. They are in the US and celebrating a holiday that is a celebration of a military victory over the country that they now reside in. Maybe we should go parading around in Mexico trumpeting how we kicked their asses time and time again and took California, Texas, etc. My guess is that it won’t be appreciated.

    1. They sold the US the land now considered california. ‘We’ didnt take anything nor are any of those people alive anymore so everyone can stop saying “WE” when talking about history.

      “WE” also didnt kill the indians or drop bombs on japan. If “we’ did anything, it was sit on our thumbs complaining about how it sucks.

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