The five students were wearing American flags. At Live Oak High School Morgan Hill that’s only okay on certain days, days the school deems okay, days when no one will get offended, days when American patriotism won’t anger other students, days when Cinco de Mayo doesn’t take precedence, days when the First Amendment can be bent.

Don’t wear American flags in America on those days. At least don’t wear them at that school under that administration whose actions are not supported by the First Amendment or the Morgan Hill Unified School District.

“In an attempt to foster a spirit of cultural awareness and maintain a safe and supportive school environment, the Live Oak High School administration took certain actions earlier today,” the statement read. “The district does not concur with the Live Oak High School administration’s interpretation of either board or district policy related to these actions.”

On Wednesday, Daniel Galli, Austin Carvalho, Matt Dariano, Dominic Maciel and Clayton Howard wore American flag t-shirts in American, of all the gall, and that’s what spurred the incident. Assistant Principal Miguel Rodriguez demanded the students remove their American flag bandannas and turn their t-shirts inside out, calling the shirts “incendiary” since it was Cinco de Mayo.

They removed their bandannas but refused to turn their t-shirts inside out saying doing so would be disrespectful. Change or go home? They went home.

“I think it’s absolutely ridiculous,” Julie Fagerstrom, Maciel’s mom, said. “All they were doing was displaying their patriotic nature. They’re expressing their individuality.”

Individuality is just fine, as long as it’s acceptable to the collective. And patriotism is fine, too, as long as it’s for a different country.

Eugene Volokh, a professor of law at the University of California-Los Angeles, said the students and their American flag t-shirts where protected under the California Education Code 48950 “which prohibits schools from enforcing a rule subjecting a high school student to disciplinary sanctions solely on the basis of conduct, that when engaged outside of campus, is protected by the First Amendment,” Fox News reported.

“If, for example, there had been fights over similar things at past events, if there had been specific threats made,” he said. “But if [school officials] just say, ‘Well, we think it might be offensive to people,’ that’s generally speaking not enough.”

If the students wanted to take the case to court, they’d win hands down, he said. Lis Wiehl, a former federal prosecutor and Fox News legal analyst, concurred.

“Unless I’m missing something, this seems like a blatant violation of the First Amendment,” said Wiehl, adding that uniforms are not required at the public school. “And they’re wearing, of all horrific things, the American flag.”

The boys were allowed to return to today, with at least one of them wearing his American flag t-shirt.

UPDATE:

Some students walked out of class Thursday holding Mexican flags and saying they were headed to City Hall for a rally.

“I think they should apologize cause it is a Mexican Heritage Day,” Annicia Nunez, a Live Oak High student, said.

But she’s not in Mexico. Time for a geography class refresher.

“We don’t deserve to be get disrespected like that. We wouldn’t do that on Fourth of July.”

That’s because there isn’t any school on the Fourth of July. It’s a national holiday, which also happens to occur during the summer break.

Will the five boys from Live Oak High School Morgan Hill apologize?

They say ‘fat chance.’

“I’m not going to apologize. I did nothing wrong,” Galli said. “I went along with my normal day. I might have worn an American flag, but I’m an American and I’m proud to be an American.”

One of the boys supposedly “disrespecting” the Mexican holiday is part Hispanic. Hmm….

View more news videos at: http://www.nbcbayarea.com/video.

And Laura Ingram interviews the parents about their “crime”.