The 9th Circuit Court of Appeals in California recently launched one of its trademark assaults on the Constitution, voting to uphold a ludicrous high school policy banning U.S. flag shirts during Cinco de Mayo. The policy caters to easily-offended Mexican students by protecting them from having to witness free speech or any display of patriotism whatsoever. And needless to say, there is no such rule against students wearing shirts with Mexican flags, or glorifying radical Marxist butchers like Che Guevara.

The federal appeals court issued its denial of an en banc hearing on Sept. 17 — Constitution Day.


The trouble dates back to Cinco de Mayo (May 5) in 2010, when officials at Live Oak High — a school with a predominant Mexican-American student body — forced the students to remove their American flag-festooned shirts. Administrators called the shirts “incendiary” and worried that fighting would break out between white and Latino students if Latino students noticed the shirts. So, assistant principal Miguel Rodriguez told the students to turn their shirts inside out or leave school.


Students of Mexican heritage told local media that the students who wore American flag T-shirts should apologize. They said ethnically Mexican students wouldn’t wear a Mexican flag on the Fourth of July (not a school day, but never mind).

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