Last week, five students at Live Oak High School in Morgan Hill,
Calif., were sent home on Cinco de Mayo for wearing T-shirts
bearing the American flag. The students were reportedly sent
home after Vice Principal Miguel Rodriguez told them the shirts
posed a "safety issue" on a day celebrating Mexican heritage.
Punishing students for wearing T-shirts with the American flag
is a clear violation of their free speech rights. The ACLU of
Northern California responded to the incident by sending a
letter (PDF) to Morgan Hill Schools Superintendant Dr. Wesley
Smith, reminding him of the speech rights students are entitled
to under the U.S. Constitution and California law. The letter
points out that students' wearing of the American flag wouldn't
have been controversial but for the interest of other students
in celebrating their Mexican heritage on Cinco de Mayo. The
students' patriotic display was particularly meaningful because
of the context, and their right to express their patriotism in
light of that context mus