Can’t Wear an American Flag T-Shirt? Not on Cinco de Mayo Say California Judges

Live Oak flag shirtsOnce again, a politically correct true story is stranger than fiction. The Ninth Circuit Court of Appeals recently ruled that students at Live Oak High School in Morgan Hill, California aren’t allowed to wear American flag T-shirts on May 5, the Mexican holiday of Cinco de Mayo.

The court’s reasoning for this bizarre decision? Because displays of American patriotism would offend Mexican students on their holiday and inflame racial tensions.

In response, Tea Party groups will protest outside Live Oak High School and wear American flag T-shirts. “They silenced a symbol of patriotism and freedom in America,” said Georgine Scott-Codiga, President of the Gilroy-Morgan Hill Patriots, in a comment to KCBS. She added that the protest is focused on the issue of freedom of speech, protected by the First Amendment of the Constitution.

The catalyst for the Ninth Circuit’s decision dates back to Cinco de Mayo in 2010, when the school forced four students to remove their American flag T-shirts. Administrators were concerned that fights would break out between white and Hispanic students if the shirts were noticed, so the four students were sent home.

The Ninth Circuit has a history of liberal and less-than-Constitutional decisions and the Live Oak decision is no exception. The practice of limiting one group’s free speech rights because that speech may cause another group to react violently is known as the “heckler’s veto.” Free speech advocates note that this has a chilling effect on First Amendment rights.

Local police will be standing by the school in case things get out of hand.