On May 5, aka Cinco De Mayo, five students that attend Live Oak High School in Morgan Hill wore shirts that brandished the American flag. During lunch they were told by a principle that they had to take off the shirts or turn them inside out because they would cause an “incendiary” incident with the Mexican American students. The five students refused to remove or hide their clothing, and left school to avoid being suspended by the administrators. The incident became public and the school district said that the way Live Oak High School administrators handled the situation extremely poorly, and the district re instated the students, who returned to school last Thursday.
The significance is that this act by the school violated the student’s right to freedom of symbolic speech as outlined in the first amendment. The Supreme Court case that spread the protection of the first amendment to the states was Tinker Vs. Des Moines.
I feel like this is absolutly rediculous. We are in The United States of America so therefore everyones freedom of speech is protected by the 1st amendment. Not to mention that the kids were wearing shirts featuring the American flag and nothing else.
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