Judge James Ware has ruled! According to him it is “reasonable” for a school to ban students from wearing the American Flag.
The school is Live Oak High School in San Francisco and they had banned students from wearing the US flag on any article of clothing on May 5, 2010. They allowed Mexican students to wear Mexican colors. Their belief was that it was Cinco de Mayo and wearing the US flag could incite violence.
Robert Muise of American Freedom Law Center:
“Here, school officials feared that our clients would offend ‘Mexican’ students if they wore their flag shirts to school on Cinco de Mayo, so they ordered the students to either remove their shirts or leave school in direction violation of their First Amendment rights,”
This case has gone to the 9th US Circuit Court of Appeals.