Federal court upholds U.S. flag ban on Cinco de Mayo; lawyer vows to take case to U.S. Supreme Court


Classroom desks used at Decker College await auction Friday, Feb. 10, 2006 at the site of the former school in Louisville, Ky. Decker, a for-profit trade school run by former Massachusetts Gov. William Weld, is now closed, mired in bankruptcy proceedings and under FBI investigation in a case that has cast a long shadow over Weld's bid to become the next governor of New York. (AP Photo/Brian Bohannon)

A federal appeals court will not reconsider a unanimous February ruling upholding the actions of a principal in a Northern California high school who ordered students wearing American flag shirts inside out during a 2010 Cinco de Mayo celebration.

Live Oak High School in the San Jose suburb of Morgan Hill had a prior history of problems between white and Latino students.

Classroom desks used at Decker College await auction Friday, Feb. 10, 2006 at the site of the former school in Louisville, Ky. Decker, a for-profit trade school run by former Massachusetts Gov. William Weld, is now closed, mired in bankruptcy proceedings and under FBI investigation in a case that has cast a long shadow over Weld's bid to become the next governor of New York. (AP Photo/Brian Bohannon)
(AP Photo/Brian Bohannon)

Parents and a few lawmakers had argued that the actions violated the students’ Constitutional right to free speech.

In the original ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals decided that past problems at the school gave officials sufficient and justifiable reasons for the order. In its opinion, the court said that schools in general have wide latitude in curbing certain civil rights to ensure campus safety.



On Wednesday, the Circuit Court of Appeals announced that a majority of its 29 judges had voted against rehearing the case.

In 2009, a group of Mexican-American students waved a Mexican flag around the Live Oak campus.

Some non-Hispanic students then raised the American flag on a tree, and the two groups exchanged profanity-laced threats.

The next year, after the principal issued the order for students wearing Stars and Stripes shirts to turn them inside-out or go home with an excused absence, the incident garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing.



Keep reading…





Previous Algerian Islamists threaten to execute hostage unless France halts Isis attacks
Next Prosecutor: Alleged White House fence jumper had 800 rounds of ammunition in car