Kids get in trouble for wearing American flag T-shirts to school on Cinco de Mayo

[Green DNA]

California kids blasted for wearing American flag shirts on Cinco de Mayo

By Lindsay Goldwert

Daily News Writer

Thursday, May 6th 2010, 10:28 AM

Mayer/WireImage

A handful of California students got an unexpected lesson at their high school this week: Don't wear your stars and stripes on Cinco de Mayo.

Five Morgan Hill, California students were asked to take off their American flag bandannas and turn their T-shirts inside out after students complained, according to NBC news in San Francisco.

Many members of Live Oak High School's large Mexican-American student population that felt it was offensive for the students to wear the American flag on a day that's supposed to celebrate Mexican heritage.

When the boys refused to take off their flag t-shirts and bandannas, they were ordered to go to the principal's office.

"They said we could wear it on any other day," Live Oak student Daniel Galli said, "but today is sensitive to Mexican-Americans because it's supposed to be their holiday so we were not allowed to wear it today."

The alleged concern was that the T-shirts would lead to fights on campus.

"They said if we tried to go back to class with our shirts not taken off, they said it was defiance and we would get suspended," said Dominic Maciel.

The chastised teens' parents were furious.

"I think it's absolutely ridiculous," Julie Fagerstrom, Maciel's mom, said. "All they were doing was displaying their patriotic nature. They're expressing their individuality."

Morgan Hill Unified School District released a statement saying it does not agree with how Live Oak High School administrators handled this incident and that the boys would not be suspended.

But some students believe they are owed an apology.

"I think they should apologize cause it is a Mexican heritage day," Annicia Nunez, a Live Oak High student, told NBC. "We don't deserve to be get disrespected like that. We wouldn't do that on Fourth of July."

[rillo]

FTA

"I think they should apologize cause it is a Mexican Heritage Day," Annicia Nunez, a Live Oak High student, said. "We don't deserve to be get disrespected like that. We wouldn't do that on Fourth of July."

You've got to be ****ing kidding me right? Freedom of Speech? Ever heard of it, dumb ass!

[bitonti]

i feel like there's some aspect of the incident not being told... for example why would all these kids show up wearing american flags on their chests all on the same day? how is everyone wearing the same thing "an expression of individuality?"

the article makes it out like joey schoolboy happened to have a USA shirt as part of his rotation and he just happened to wear it on May 5 and got in trouble.

more likely this was a "counter-protest" and designed to cause a reaction. School is like Jetnation it's not really a place for political activism.

the irony here of course is that Cinco De Mayo is essentially a meaningless day for most Mexicans in Mexico. It's the anniversary of the battle of pueblo... there were many battles in the mexican revolution. only in America is it a holiday.

[Bob]

Yeah. I'm sure these little geniuses express their American pride EVERY day, and not just on a day when it's likely to piss off hispanics.

That said (sarcastically), it was still their right to wear them and the school administration ****ed up.

[Green DNA]

The main point here is that American kids are being told not to wear anything American because it might offend the Mexican kids. This is in California, not Tijuana. there's something seriously wrong here.

[bitonti]

That said (sarcastically), it was still their right to wear them and the school administration ****ed up.

i dont know the legality but it's my understanding that kids (minors) in school dont really have the right to unimpeded free speech the same as an adult on the national mall in DC does. If the school decides wearing green is banned because the local gang color is green, that's within their authority.

[rillo]

The main point here is that American kids are being told not to wear anything American because it might offend the Mexican kids. This is in California, not Tijuana. there's something seriously wrong here.

Totally agree.

[Jets Voice of Reason]

i dont know the legality but it's my understanding that kids (minors) in school dont really have the right to unimpeded free speech the same as an adult on the national mall in DC does. If the school decides wearing green is banned because the local gang color is green, that's within their authority.

It is my understanding that if the school can prove that the action was disruptive to the school they can restrict things like that. Restricting the american clothing all the time would get the school in trouble. Disallowing it and proving it could cause a conflict with mexican students might have the school get away with it. That is just the legal aspect, not necessary what i am suggesting is right.

[Papageorgio268]

i dont know the legality but it's my understanding that kids (minors) in school dont really have the right to unimpeded free speech the same as an adult on the national mall in DC does. If the school decides wearing green is banned because the local gang color is green, that's within their authority.

This is like the Tinker v. Des Moines case where students wore black arm bands to protest the Vietnam war. School suspended them. They fought it and won.

From wikipedia

The court's 7 to 2 decision held that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. Justice Abe Fortas wrote the majority opinion, holding that the speech regulation at issue in Tinker was "based upon an urgent wish to avoid the controversy which might result from the expression, even by the silent symbol of armbands, of opposition to this Nation's part in the conflagration in Vietnam." The Court held that in order for school officials to justify censoring speech, they "must be able to show that [their] action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint," allowing schools to forbid conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school."[1] The Court found that the actions of the Tinkers in wearing armbands did not cause disruption and held that their activity represented constitutionally protected symbolic speech.

It's application here might be a bit foggy though. The school made the decision so as to stop any outbreak of violence/altercations between students, which could be seen as a disruption to "the requirements of appropriate discipline in the operation of the school". But on the grounds that Cinco de Mayo isn't a national holiday, even in Mexico, their actions would probably be protected.

[Jets Voice of Reason]

tinker vs des moines is the landmark, but more recently the courts have been making more conservative rulings in 1st amendment of school cases.

This is like the Tinker v. Des Moines case where students wore black arm bands to protest the Vietnam war. School suspended them. They fought it and won.

From wikipedia

It's application here might be a bit foggy though. The school made the decision so as to stop any outbreak of violence/altercations between students, which could be seen as a disruption to "the requirements of appropriate discipline in the operation of the school". But on the grounds that Cinco de Mayo isn't a national holiday, even in Mexico, their actions would probably be protected.

[Bruce Banner]

The motto of the Mexican people is "For my race everything, for the others nothing". That's okay, but you can't wear the American flag because its insensitive.

[Greenranger]

Wow, I'm totally shocked that something like this could happen in California.

[neckdemon]

while i think the kids obviously wore the shirts on purpose sinc eit was cinco de mayo......it's still a complet eload of BS that they were told leave because they were wearing american flag shirts. could you imagine what our forfathers would think of this? lol. this is america......you've got to be fu*king kidding me with this crap. enough with the PC crap already. if you can't wear an american flag shirt in america there is something seriously wrong.

[JerryK]

What was the speech they're defending?

-"We are Americans and we like it" - nope.

-"Eff the Mexicans on their stupid little holiday" - likely.

I bet those "true patriots" shirts were brand new. I bet they smelled like wal-mart and were bought that day just after Biff thought of it. It's still free speech, and protected, but let's not get our panties in a bunch about how people can't express pride in our flag. Those kids don't give 2 sh*ts about their flag, or they'd have enough respect for it not to use it as a playground weapon.

[neckdemon]

What was the speech they're defending?

-"We are Americans and we like it" - nope.

-"Eff the Mexicans on their stupid little holiday" - likely.

I bet those "true patriots" shirts were brand new. I bet they smelled like wal-mart and were bought that day just after Biff thought of it. It's still free speech, and protected, but let's not get our panties in a bunch about how people can't express pride in our flag. Those kids don't give 2 sh*ts about their flag, or they'd have enough respect for it not to use it as a playground weapon.

regardless of the motive it's just stupid to tell a kid to take off an american flag shirt in america, or he has to go home

[Pac]

right because these 15 year old morons wearing matching t-shirts and bandannas (really bandannas?) were innocently expressing their love of country... gimme a break.

[bitonti]

regardless of the motive it's just stupid to tell a kid to take off an american flag shirt in america, or he has to go home

Schools can in fact tell a kid to take off any kind of shirt that they feel disturbs the learning process.

It's school, they have to do what they feel is right.

agree with the others this wasn't an innocent display of patriotism, they were trying to make some sort of counter protest against other students. not cool.

[Aten]

Enough with the persecution complex already.

[RutgersJetFan]

We've got no patriotism! We've got no money! OUR PETS HEADS ARE FALLING OFF!!!

[Green DNA]

What was the speech they're defending?

-"We are Americans and we like it" - nope.

-"Eff the Mexicans on their stupid little holiday" - likely.

I bet those "true patriots" shirts were brand new. I bet they smelled like wal-mart and were bought that day just after Biff thought of it. It's still free speech, and protected, but let's not get our panties in a bunch about how people can't express pride in our flag. Those kids don't give 2 sh*ts about their flag, or they'd have enough respect for it not to use it as a playground weapon.

right because these 15 year old morons wearing matching t-shirts and bandannas (really bandannas?) were innocently expressing their love of country... gimme a break.

So in America, let's not wear anything remotely connected to America on St. Patricks Day, Columbus Day, Puerto Rican Parade Day or any other day connected to a particular ethnic group because they might get offended. Thie difference is that these other groups embrace both their heritage and their (adopted) homeland. The kids may have been stirring the pot, but it points out a bigger problem. How can the flag of a country that you willingly moved to or sneaked into possibly offend you? Only in America.

[Aten]

So in America, let's not wear anything remotely connected to America on St. Patricks Day, Columbus Day, Puerto Rican Parade Day or any other day connected to a particular ethnic group because they might get offended.

As soon as some loser state passes a law like Arizona's directed at any of those groups, feel free to crash the party in stars and stripes. Offending people will be the least of your problems.

[Biggs]

I think the kids should be able to wear the flag shirt as an expression of patriotism and those who want to burn people wearing the flag as an expression of protest should also be protected.

[Thai Jet]

California kids blasted for wearing American flag shirts on Cinco de Mayo

By Lindsay Goldwert

Daily News Writer

Thursday, May 6th 2010, 10:28 AM

Mayer/WireImage

"I think it's absolutely ridiculous," Julie Fagerstrom, Maciel's mom, said. "All they were doing was displaying their patriotic nature. They're expressing their individuality."

Morgan Hill Unified School District released a statement saying it does not agree with how Live Oak High School administrators handled this incident and that the boys would not be suspended.

But some students believe they are owed an apology.

"I think they should apologize cause it is a Mexican heritage day," Annicia Nunez, a Live Oak High student, told NBC. "We don't deserve to be get disrespected like that. We wouldn't do that on Fourth of July."

Maybe they should be reminded that they live in the USA now. If it offends them that much perhaps moving back to Mexico is an option.

[Thai Jet]

right because these 15 year old morons wearing matching t-shirts and bandannas (really bandannas?) were innocently expressing their love of country... gimme a break.

Where did it say matching ?

[JerryK]

I said their speech is protected. But let's not be silly and think this was an accident. I'll bet my next paycheck that on St Patricks day those kids were wearing green and hadn't even bought their flag shirts yet.

[Thai Jet]

So in America, let's not wear anything remotely connected to America on St. Patricks Day, Columbus Day, Puerto Rican Parade Day or any other day connected to a particular ethnic group because they might get offended. Thie difference is that these other groups embrace both their heritage and their (adopted) homeland. The kids may have been stirring the pot, but it points out a bigger problem. How can the flag of a country that you willingly moved to or sneaked into possibly offend you? Only in America.

Apparently.

[neckdemon]

Schools can in fact tell a kid to take off any kind of shirt that they feel disturbs the learning process.

It's school, they have to do what they feel is right.

agree with the others this wasn't an innocent display of patriotism, they were trying to make some sort of counter protest against other students. not cool.

maybe so....but good luck getting an american flag shirt on the banned list. and fwiw, they weren't violating any school policies so they shoudln't have been told to go home. i'd say the fact that the board of education in the area coming out and saying they didn't agree with what the school did would support that. and the fact that these dildo mexican kids feel that the american flag is offensive just because it's cinco de mayo would tell me that they should take their ass back to that ****hole they call a homeland. the number of americans who died for that flag should be enough reason to be able to wear those shirts wherever and whenever anyone wants. even if they were doing it to prove a point.

[SouthernJet]

so dumbbbbbbbbbbb

so on memorial day or 4th July will a kid be allowed to wear a mexican shirt, a italian shirt, a german shirt, a african shirt...etc etc

so dumbbbbbbbbbb

[rillo]

so dumbbbbbbbbbbb

so on memorial day or 4th July will a kid be allowed to wear a mexican shirt, a italian shirt, a german shirt, a african shirt...etc etc

so dumbbbbbbbbbb

I don't think school is in session those days you mentioned.

[Aten]

the number of americans who died for that flag should be enough reason to be able to wear those shirts wherever and whenever anyone wants.

[SouthernJet]

I don't think school is in session those days you mentioned.

they are in session in mexico, germany, italy, africa,,...

u think those countries schools would say 'no wearing our national colors today cause we have some american students attending here'

[Green DNA]

As soon as some loser state passes a law like Arizona's directed at any of those groups, feel free to crash the party in stars and stripes. Offending people will be the least of your problems.

So let's all wear generic gray jumpsuits in order that law breakers and their supporters won't get offended. No thanks. If the flag of a country that you so desperately want to get into to offends you that much, maybe you need to turn around and go back to the place in which you can be truly happy.

[ZachEY]

So in America, let's not wear anything remotely connected to America on St. Patricks Day, Columbus Day, Puerto Rican Parade Day or any other day connected to a particular ethnic group because they might get offended. Thie difference is that these other groups embrace both their heritage and their (adopted) homeland. The kids may have been stirring the pot, but it points out a bigger problem. How can the flag of a country that you willingly moved to or sneaked into possibly offend you? Only in America.

How can a middle finger possibly offend you? Context.

This is one of those situations the school probably should have ignored, because the ramifications are what made it an issue, not the shirts or the act of wearing them... But to act like those kids where simply just expressing patriotism is pretty ignorant.

[ZachEY]

they are in session in mexico, germany, italy, africa,,...

u think those countries schools would say 'no wearing our national colors today cause we have some american students attending here'

Probably not. Because only in America will kids cheapen their own national flag enough to equate it with a middle finger.

[Larz]

i feel like there's some aspect of the incident not being told... for example why would all these kids show up wearing american flags on their chests all on the same day? how is everyone wearing the same thing "an expression of individuality?"

the article makes it out like joey schoolboy happened to have a USA shirt as part of his rotation and he just happened to wear it on May 5 and got in trouble.

more likely this was a "counter-protest" and designed to cause a reaction. School is like Jetnation it's not really a place for political activism.

the irony here of course is that Cinco De Mayo is essentially a meaningless day for most Mexicans in Mexico. It's the anniversary of the battle of pueblo... there were many battles in the mexican revolution. only in America is it a holiday.

well said

and it's only a holiday cuz corona made it one