There just isn't another way to state my utter disbelief at today's ruling by a short 9th Circuit Court of Appeals regarding four students at Live Oak HS in Morgan Hill, California who were inexplicably instructed by a school Vice-Principal to change out of their American flag T-shirts on the Mexican holiday of Cinco de Mayo, so as to not cause a disturbance amongst the Mexican students. (*See my commentary entitled, "Cinco de Mayo Follow-up" on 06May 2010.)
In today's ruling, the Appeals panel ruled that the school was justified in their insisting these four your American men change their shirts! In essence, the Court ruled that, out of concern for the safety of all students, that the American flag is offensive to Mexicans living here in the US on that particular day of the year, and should be regarded as an inciting symbol to those of Mexican heritage (both legal and illegal) who value Mexico above that of their chosen country, The United States of America.
What the hell?!
I am at such a loss for words that I'll just put up the article as written on The Huffington Post, and let you formulate your own response:
SAN FRANCISCO (AP) - "Officials at a Northern California high school acted appropriately when they ordered students wearing American flag T-shirts to turn the garments inside out during the Mexican heritage celebration Cinco de Mayo, a federal appeals court ruled Thursday.
The 9th U.S. Circuit Court of Appeals said the officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.
The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.
"Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence," Judge M. Margaret McKeown wrote for the panel. The past events "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real," she wrote.
The case garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing. The Ann Arbor, Mich.-based American Freedom Law Center, a politically conservative legal aid foundation, and other similar organizations took up the students' case and sued the high school and the school district.
William Becker, one of the lawyers representing the students, said he plans to ask a special 11-judge panel of the appeals court to rehear the case. Becker said he would appeal to the U.S. Supreme Court if he loses again.
"The 9th Circuit upheld the rights of Mexican students celebrating a holiday of another country over U.S. student proudly supporting this country," Becker said.
Cinco de Mayo marks the Battle of Puebla on May 5, 1862, when Mexican troops defeated a French army of Napoleon III, then considered the mightiest military in the world. It is considered a bigger holiday in the U.S., celebrating Mexican heritage with parades and revelry in many major cities."
Here's an idea...If the school officials are so worried about how the Mexican students will be on this non-existent holiday, why don't they just cancel any celebrations? After all, this isn't an American holiday. It's barely even recognized in Mexico. Why tolerate students celebrating this non-holiday in the first place?
Disallowing American students from wearing patriotic clothing in favor of the supposed pride in a foreign holiday is mind-boggling. Since when do the feelings of non-US citizen students preclude the rights of these American citizens?
Words like Pathetic, Disgusting, Jaw-dropping, Un-patriotic, Subversive and Astounding come to mind at this decision by the 9th Circuit Court. I'd offer more, but the words simply escape me right now.
I sincerely hope that this case is taken all the way to the US Supreme Court. Let's settle, once and for all, just how many "rights" these illegal aliens have over those who are--through birth or Naturalization--actual United States citizens.
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