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11
C
ASE: 2
ISSUE BEFORE THE COURT
Whether a public school can limit a student's choice to wear American
flag clothing or accessories to school without violating the First
Amendment of the United States Constitution.
THE FACTS
You Be the Judge!
You Be the Judge!
Constitutional Law is a
body of law dealing with
the distribution and
exercise of government
power.
On May 5, 2010, "Cinco de Mayo," a Mexican holiday, ve stu-
dents of Live Oak High School in Morgan Hill, California, were
approached by the school's Assistant Principal Miguel Rodriguez. e
students were dressed in American ag t-shirts and American ag
bandannas on their heads. Mr. Rodriguez asked two of the students to
remove their American ag bandannas. Although the students com-
plied, they were asked to accompany Mr. Rodriguez to the principal's
o ce a er one of the students questioned his request.
According to the complaint led by the students, Rodriguez told
the ve students, including minors M.D., D.M., and D.G., that they
must turn their American ag t-shirts inside out or they would be
sent home for the day without suspension. He explained to the stu-
dents that there is a large Mexican-American population at Live Oak
High School, and he did not want to risk any ghts breaking out
between Mexican-American students celebrating their heritage and
the students wearing American ags. ere had not been any ghting
issues in the past, and on this particular day, the students had been on
school grounds for three hours without any incident.
While in the principal's o ce, the teenagers told Rodriguez and
school Principal Nick Boden that turning their t-shirts inside out
was disrespectful to the citizens of the United States of America. So,
school o cials contacted their parents, and the students were sent
home.
While the school's dress code policy banned the wearing of
bandannas of any color, the policy did not contain references to
American ag clothing. e school policy did prohibit students
from wearing any clothing or decoration that detracted from the
school's learning environment. As such, the school claimed it had
For Evaluation Purposes Only