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9th Circuit Upholds Principal’s Rejection of U.S. Flag T-Shirts on Cinco De Mayo

In another decision this year on student dress, the 9th Circuit Court of Appeals issued a decision on February 27, 2014 in favor of a Morgan Hill Unified School District Principal who asked certain students to take off their American flag t-shirts, turn them inside out or leave school with an excused absence on Cinco De Mayo.

The Court balanced the first amendment rights of the students against the substantial evidence presented on safety issues. The Court found that the threat of a potentially violent disturbance was real and the focused steps taken to prevent disruption and violence were not unconstitutional. The Principal did not ban all American flag attire but rather gave this direction only to students who he justifiably believed would be targets of violence. The full decision can be found here.

For any questions on this decision or issues relating to this, contact Mary Hernandez or Nitasha Sawhney at (510)-695-2802