Censorship of pro-USA shirts prompts federal complaint

Live Oak High School students (from left): Daniel Galli, Austin Carvalho, Matt Dariano and Dominic Maciel (photo: Gilroy Dispatch)

A new federal civil-rights lawsuit is targeting officials at Live Oak High School in the Morgan Hill Unified District in California for demanding that students not wear pro-USA shirts to class on the Mexican Cinco de Mayo holiday.

"Defendants' censorship of student plaintiffs' pro-USA message was made pursuant to school-district policy even though student plaintiffs' shirts and the message they conveyed caused no disruption to the school environment, let alone a disruption that was material or substantial," the lawsuit filed on behalf of three penalized students says.

The filing accuses Assistant Principal Miguel Rodriguez of telling Dianna Dariano, when asked whether this country is not America, "Not today, we need to give them (Mexicans) their day today."

The plaintiffs are John and Dianna Dariano, Kurt and Julie Ann Fagerstrom and Kendall and Joy Jones, on behalf of their children. The case is being brought by the Becker Law Firm of Los Angeles, the Thomas More Law Center of Ann Arbor, Mich., and the Rutherford Institute.

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It stems from the developments May 5 when a "few patriotic students" at Live Oak wore pro-USA shirts with images of the American flag.

"Outraged school officials angrily gave them options: Take the shirts off, turn them inside out, or leave," according to the Thomas More Law Center.

"The students refused to disrespect their country and flag – so they left."

This happened at the same time the school allowed students to wear pro-Mexican shirts, body paint displaying the Mexican flag and other displays to express their support for Mexico.

"The American flag is a sacred symbol of our country," said Richard Thompson, chief counsel for the Thomas More Law Center. "Too many Americans – including those of Mexican descent – have suffered and died protecting it.

"It's incomprehensible that American school officials would demand that students remove this display of love for country. We're Americans 365 days a year. The students were right not to surrender our flag," Thompson said.

"The U.S. Supreme Court has long held that students do not shed their constitutional rights at the schoolhouse gate," said Robert Muise, senior trial counsel for the Thomas More Law Center. "The actions of the school officials in this case are not only reprehensible; they are a blatant violation of fundamental constitutional rights."

John W. Whitehead, president of The Rutherford Institute, called the policy "a clear and egregious violation of the free-speech rights of these students."

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"This type of discrimination and censorship cannot be allowed in our schools or it will destroy the First Amendment," he said.

The complaint seeks a declaration that the action violated the First Amendment and injunctive relief against a vague school-district policy allowing prior restraints on speech to be imposed upon students.

The lawsuit file notes that the students wore their "patriotic apparel" without incident until a morning break when Rodriguez allegedly told them they could not wear their pro-USA shirts and gave them his options.

They refused, and he then ordered the students to his office.

"After two of the students' parents arrived at the school, Rodriguez is alleged to have lectured the group about Cinco de Mayo and indicated that this day was not for America," according to The Rutherford Institute.

"Principal Nick Boden then met with the parents and students and allegedly affirmed Rodriguez's order stating that it was inappropriate to wear pro-USA shirts to school on Cinco de Mayo."

The case alleges the school violated the Free Speech Clause of the First Amendment, the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and the protection of freedom of speech granted by the California Constitution.

For Mexico, Cinco de Mayo is significant because it marks the Mexican army's victory over French forces at the Battle of Puebla in 1862.

But William J. Becker Jr. of the Becker Law Firm in Los Angeles said students "who wish to show their pride for another nation's heritage should not have their speech protected more than those who celebrate America's."

"The school can't prefer one group's message over another group's similar message simply because school officials think a disruption could occur," Becker explained. "The remedy isn't to silence one group while approving another's viewpoint. The courts have made this very clear."

School officials did not return a WND message requesting comment.

John and Dianna Dariano are parents of Matt Dariano, Kurt and Julie Ann Fagerstrom are parents of Dominic Maciel and Kendall and Joy Jones filed on behalf of Daniel Galli.

Another student involved in the original incident is not part of the legal challenge.

When the dispute erupted, there was outrage over the school's actions.

Among the comments at the time:

• I am so sick and tired of liberals, especially those running some of the school systems. To them, everything is relative, including morality. Hey left-wing apologists: This is America. Love it or leave it, you scumbag pansies.

• Apologize? Had Mexico been worth celebrating, you'd still be there. These kids need to sue the hell out of the school for infringing on their rights. Cinco de Mayo is not a celebration of Mexican-Americans. It's a celebration of Mexicans. I hope these clowns figure out which of the two they are before the country opts to go Sheriff Joe on them.

• Shame, shame, shame. How dare this happen in America? Anyone who condoned this action or approved the concept should be fired immediately. These students did nothing wrong, and to single them out in their country while service members are engaged in a two-front war is, frankly, un-American, unpatriotic and stupid. 

• Annicia, you and all the other America haters at your school, please leave my country. I don't even care if you are a U.S. citizen. You don't even know what this country is all about.

• As a veteran, I was prepared to give my life for my country and the flag because these colors never run. This is America. They need to sue that school system into the Stone Age.