10
C
ASE: 2
BACKGROUND
· On May 5, "Cinco de Mayo," a holiday celebrated in Mexico, ve teenage students, wearing
American ag t-shirts and bandannas, were sitting at a table outside Live Oak High School in
Morgan Hill, California. The Assistant Principal, Miguel Rodriguez, asked two of the students to
remove their American ag bandannas.
· The ve students were also told that although it would not be considered a suspension, they
must turn their American ag t-shirts inside out or be sent home. Due to the large Mexican-
American student population at Live Oak High School, school administration feared that ghts
would break out between Mexican-American students celebrating their heritage day and those
students wearing clothing with American ags.
· The teenagers refused to turn their shirts inside out as they felt it was disrespectful to the United
States of America, so the school administrators asked the students' parents to take them home.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
What is the First Amendment of the
United States Constitution?
The First Amendment is the rst of the original
13 amendments called the "Bill of Rights." The
First Amendment gives American citizens the
right to Freedom of Speech.
What is Freedom of Speech?
The First Amendment prohibits Congress from
enacting any laws that prohibit a citizen's right
to free speech. The United States Supreme
Court quali ed this freedom of speech in
several cases. Examples of restricted speech
include instances when a person: (a) uses
" ghting words," (b) makes threatening
speech toward another individual, (c) engages
in "defamatory" speech (words meant to
injure another person's reputation in the
community), and (d) uses "obscene" speech
(words or actions that are not appropriate for
the average citizen).
What is Balancing School Safety/
Disciplinary Policy with Students'
Constitutional Rights?
In cases involving students' Freedom of
Speech, the law requires the court to balance
the constitutional rights of the student against
the need for the school o cials to keep the
school safe and orderly for all students.
M.D., a minor v. Morgan Hill Unified
School District
First Amendment and Freedom of Speech
For Evaluation Purposes Only