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A Sharp Dissent Over a School’s Curb on American Flag Shirts
9/18/14 | School Law Blog (Ed Week)
Behind the Headline
Educating for Infancy
3/3/14 | Education Next blog
A federal appeals court has declined to rehear a case involving high school students who were not allowed to wear American flag shirts to school on the day of a Cinco de Mayo celebration.
A principal at the school believed that the flag shirts were meant to provoke students of Mexican descent and might cause violence. Two students and their parents sued, claiming that their free speech rights were violated.
Earlier this year, a court upheld the decision by school officials. One of three 9th circuit judges dissenting from this month’s ruling argued that backing the decision by school officials”permits the will of the mob to rule our schools.”
Josh Dunn analyzed that court ruling (Dariano v. Morgan Unified School District) earlier this year for Ed Next.