Pat Dollard

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Four California high school students are fighting for their right to show their patriotism any day of the year, after they were forced to remove their American flag T-shirts on Cinco de Mayo.

While other students at the school wore clothing depicting the colors of the Mexican flag and other attire related to the holiday, the four students and one other were told by a school administrator that they could wear the shirts any other day but May 5, which celebrates the Mexican army’s victory over French forces at the Battle of Puebla.

They filed a lawsuit Wednesday against the Morgan Hill Unified School District.

The students’ attorney, William J. Becker Jr., said state law explicitly grants students the right to exercise freedom of speech by wearing “buttons, badges, and other insignia” and prohibits public schools from interfering with their speech rights unless a “clear and present danger” exists, such as the commission of unlawful acts on school premises, the violation of school rules or substantial disruption of the school’s orderly operation.

“The U.S. Supreme Court has held for decades that students do not shed their First Amendment rights at the schoolhouse gates,” said Becker. “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.”

Four California high school students are fighting for their right to show their patriotism any day of the year, after they were forced to remove their American flag T-shirts on Cinco de Mayo.

While other students at the school wore clothing depicting the colors of the Mexican flag and other attire related to the holiday, the four students and one other were told by a school administrator that they could wear the shirts any other day but May 5, which celebrates the Mexican army’s victory over French forces at the Battle of Puebla.

They filed a lawsuit Wednesday against the Morgan Hill Unified School District.

The students’ attorney, William J. Becker Jr., said state law explicitly grants students the right to exercise freedom of speech by wearing “buttons, badges, and other insignia” and prohibits public schools from interfering with their speech rights unless a “clear and present danger” exists, such as the commission of unlawful acts on school premises, the violation of school rules or substantial disruption of the school’s orderly operation.

“The U.S. Supreme Court has held for decades that students do not shed their First Amendment rights at the schoolhouse gates,” said Becker. “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.”