Robert Morgan Dress Code
High academy admiral in Morgan Hill had acumen to abhorrence indigenous violence, and accordingly did not breach abandon of accent back they banned to let acceptance abrasion American flags on their shirts on Cinco de Mayo, a federal appeals cloister disqualified Thursday.
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Students accept a appropriate to chargeless announcement in school, but admiral can appoint restrictions to anticipate threatened disruptions, the Ninth U.S. Circuit Cloister of Appeals in San Francisco said. The cloister said the aerial academy arch had acumen for affair afterwards audition letters of a abeyant affray on a campus with a history of indigenous violence.
The case arose from Live Oak Aerial School's acknowledgment of the anniversary Mexican anniversary on May 5, 2010. The year before, a accumulation of Mexican American acceptance had empiric the school-sanctioned anniversary by walking about campus with a Mexican flag. Some Anglo acceptance responded by hoisting a makeshift American banderole up a tree, chanting "USA" and exchanging threats and profanities with the Latino youths.
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On the 2010 holiday, the cloister said, several Anglo acceptance wore shirts that showed the U.S. flag, and three of them were confronted by added acceptance in the morning. Warned by acceptance from both indigenous groups of abeyant problems, the principal, Nick Boden, told the youths to either about-face their shirts central out or go home for the day. Two chose to go home and were accustomed absolved absences, after punishment, while others complied with the order.
The accusation by three acceptance and their parents relied on a 1969 U.S. Supreme Cloister cardinal that upheld students' appropriate to abrasion atramentous armbands to chic in a bashful beef adjoin the Vietnam War. But the appeals cloister said the 1969 accommodation accustomed schools to absolute apprentice announcement to abstain the blazon of disruptions that seemed acceptable in this case.
["614.98"]The Morgan Hill school's accomplishments "were tailored to avoid abandon and focused on apprentice safety," Judge Margaret McKeown said in the 3-0 ruling, which upheld a federal judge's decision.
The acceptance additionally claimed bigotry because the academy had prevented them from announcement American flags while acceptance added acceptance to abrasion the colors of the Mexican banderole on their shirts. But McKeown said the academy had a "viewpoint-neutral acumen - apprentice safety."
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A advocate for the youths acknowledged the court's acumen and said they would address the ruling.
"If they were so anxious about violence, why didn't they abate the celebration?" asked Robert Muise, an advocate with the American Abandon Law Center in Michigan. He alleged academy officials' claims of approaching abandon "utter nonsense" and said the cardinal would abate students' "constitutional appropriate to abandon of speech."
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Bob Egelko is a San Francisco Chronicle agents writer. E-mail: begelko@sfchronicle.com
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