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









May 6th, 2010 at 12:01 pm
Hey hey, something we all can agree on (lefties and righties…I’m the former, by the way), this has to be the dumbest thing I ever heard. I lived in the UK for a couple years and don’t recall being offended upon running into folks wearing the Union Jack.
And these people (who made an shockingly bad decision) are making decisions regarding the education of kids…terrifying.
May 6th, 2010 at 12:08 pm
To the student who said “we wouldn’t do this on the 4th of July” you’re damn right. If we were in Mexico and MADE you celebrate the 4th of July with us and you wore a mexican flag we wouldn’t get offended. You’re in the UNITED STATES, get the F over it, The 5th of May is not an American holiday, it’s just a time when you can celebrate your country, we can celebrate ours whenever we want. This is the United States, not Mexico, get it straight.
May 6th, 2010 at 12:37 pm
“we can celebrate ours whenever we want”
Absolutely.
May 6th, 2010 at 1:39 pm
The left has been pushing the cultural war of “mosaic” v. “melting pot”, with them favoring the mosaic approach. Incidents like this are a direct result of this culture war. It’s time for people to stand up and use common sense. I have no problem with people being proud of their culture, I’m Scottish, I have a Scottish flag, I have a kilt and love reading about Scottish history. With that said I am and always will be an American first. Not only is what the school done here illegal (think black armband during the 1970s) but is so offensive that if I were the parents I’d pull my kids out of that school faster then you can spit. How is wearing an American Shirt “incendiary”, you are telling me the fact that these two youths are proud to be American s incendiary? In that case I think the Little Rock 9 were incendiary; I think anyone who wears a rainbow in support of gay rights is being incendiary.
Patently ridiculous.
May 6th, 2010 at 2:25 pm
Mr. McAffee – I agree with your sentiments. Common sense, regardless of political persuasion, gets lost far too often. Unfortunately it’s the far right and the far left(with their headline “worthy” absurd statements) which have too much pull in driving the political narrative and discourse – worthy is in quotes ‘cos, frankly, they shouldn’t even be paid attention to, it’s merely the media which loves to stir the pot for a good story.
May 6th, 2010 at 2:30 pm
Why do we have to have a day to celebrate any particular culture? We should be able to celebrate anytime we want without excluding anyone. I am a proud American but will celebrate Chinese New Year, St. PAtrick’s Day, Cinco de Mayo, and anything else that comes up out of respect for the culture and the celebration of our diverse community. I would resent anyone who told me that this was “their” day and that I could not honor who or what I wanted to. I commend these boys for standing their ground and think the students who are offended need to be reminded that our success in this country is based on our diversity and cultural tolerance. We live in this country, be proud of it.
May 6th, 2010 at 3:17 pm
Debbie, I couldn’t agree more. The original idea of this country was that of a melting pot where all of our ancestors immigrated to this country and they became Americans, even if they still observed customs from their homeland.
The problem we face now is that many immigrants, particularly from Mexico, don’t want to assimilate, they want to keep their own language, customs and live in separate communities. They may view themselves as American, but many view themselves as Mexican first. This is why one-language education is so important.
May 6th, 2010 at 3:48 pm
Ah, Ingraham’s interviewing them…shocking. Now all we need is Olbermann calling the kids the worst people in the world and we’ll have had the pundits deal thoughtfully with the situation.
May 6th, 2010 at 4:04 pm
God forbid they actually teach em the three Rs instead of this PC culture sensitivity.
May 6th, 2010 at 4:10 pm
BOYCOTT Morgan Hill CA!!
May 6th, 2010 at 4:32 pm
Live Oak High School is UN AMERICAN.!! How dare they!!! What a bunch of idiots!!!
May 6th, 2010 at 5:00 pm
A multi-ethnic society is good. A multi-cultural society is a prescription for disaster.
May 6th, 2010 at 5:40 pm
@Hondo,
Brilliant quote! That really nailed it. Bravo!
May 6th, 2010 at 6:02 pm
listen Lisa! i live in Morgan hill and attend live oak high school.for you to say that live oak is UN AMERICAN, is not for you to decide on.Dont take this personally, or do. I couldnt care less. but your the IDIOT. HAVE YOU SEEN THE PICTURE OF THE BOYS THAT GOT KICKED OUT???? ALL IVE GOT TO SAY IS IMMATURE. and PAT WHAT THE HELL IS BOYCOTTING MORGAN HILL GOING TO SOLVE. THIS IS A PROBLEM THAT NEEDS TO BE SOLVED WITH THE STUDENTS. TRACE BACK IN YOUR FAMILY TREE. ARE YOU A PURE BLOOD ANERICAN?
May 6th, 2010 at 6:11 pm
Good grief Paulina.
The board is not defending the principle.
We should be allowed to fly our colors anywhere, anytime and not ever have to put them aside even for one day in alternative observance of anything.
May 6th, 2010 at 6:19 pm
“HAVE YOU SEEN THE PICTURE OF THE BOYS THAT GOT KICKED OUT???? ”
Yeah, I saw an interview with all of them, whats their appearance got do with anything ?
Please, dont tell me that just from a picture you’ve deemed them racists.
May 6th, 2010 at 6:38 pm
@Pualina comment #14
Wow. You are so right. Those kids were ruffians, I tell you, pure ruffians! They looked so smug and pompous in their stupid American Flag shirts! The nerve, the audacity! The problem does need to be solved with the students! As a matter of fact, all the students who support America in any way need to be severely humiliated and punished! I move to recommend that they be forced to watch Oprah, The View, and MSNBC, as a way to instill some sensitivity in them, the rude and inconsiderate b*stards!
micky…Paulina is a gem. I’m in love with her. She’s awesomely awesome.
May 6th, 2010 at 7:46 pm
Ok, these boys obviously wore their flag shirts as a gesture of defiance against “Cinco De Mayo” day. Does that warrant sending them home? No, such a decision will only reinforce to these youngsters that American is somehow threatened by this holiday.
If the school is somehow worried that the boys wearing these shirts would incite violence or conflict of some sort, why not keep on eye on things, then head them off if it seems somethings about to occur by getting anyone involved off some place to air their grievances, honestly and candidly? This is a standard procedure for “conflict resolution.” One would think school administrators would be aware of it.
May 6th, 2010 at 7:56 pm
Now if this was an incident or something similar to this incident that happened to five black kids ‘ol al sharpton or jesse jackson would be marchin’ on up to protest in the street (where they belong). And that wouldn’t be seen as racist.
So, in the alternative, a right wing militia leader should lead a march against miguel rodriguez in the neighborhood or at the school.
God bless them kids, and God bless America! Wear them shirts to school every day! Stick it to ‘em good kids!
May 6th, 2010 at 8:10 pm
Ron: “God bless them kids, and God bless America! Wear them shirts to school every day! Stick it to ‘em good kids!”
You know what’s sad? I can remember when displaying the American flag was a genuine symbol of civic goodwill and national pride in our country regardless of your political affiliation.
But after we invaded Iraq, the flag became a symbol of “you’re either with us or against us.” And if you happened to believe the Iraq war was wrong, well…you were promptly put in the category “you’re against us.”
Nationalism can be a positive thing. But, for the last many years in this country, it has acquired some ugly aspects that have pitted Americans against Americans.
May 6th, 2010 at 8:13 pm
Of course, I can remember when Cinco Da Mayo was just a good excuse to get soused on margaritas. Too bad it’s gotten so politicized, too.
May 6th, 2010 at 8:56 pm
I capitalized my last name to show I am Hispanic. At least my dad was. I don’t like what they did at Live Oak High School. Mr. Rodrigez did the wrong thing. This is our country and if you want to be part of it, do it. If you love your country too, that’s good but don’t think you can come here and have things the way you want to have them. It is AMERICA and true AMERICANS have to let these clowns know that. If my son or daughter wore a T-shirt with an American flag on it and was sent home I would get an attorney with juevos (balls) and sue the living crab out of whoever did it. I a getting T-shirts with the flag on them and they will also say TRY TO MAKE ME TURN THIS ONE INSIDE OUT. I pity that person. I am hispanic but I am an AMERICAN first. I also say, CLOSE ALL OF THE BORDERS to everyone until we fix our mess. If we never do than the borders stay closed. It would stop a lot of bad things from happening. I am 64 years old and I’m thankful that all seven of my kids are grown up. I feel bad for my grandchildren having to grow up in this not so good world.
Concerned AMERICAN,
Larry Velasco.
May 6th, 2010 at 9:05 pm
Paulina,
regarding your post, “but your the IDIOT.”
did they teach you nothing at live oak?
May 6th, 2010 at 9:08 pm
I’ve lived in the San Martin – Morgan Hill area all my life. Attended Live Oak when it was still on Monterey st., so you know it’s been awhile. This is about the dumbest thing I have ever heard. What’s going to happen on St.Patricks day, you going to send everyone home wearing a flag t-shirt if it’s not Irish?
May 7th, 2010 at 1:28 am
The Right Wing just loves this kind of stuff. But if it came right down to it, I wonder just who would be the real patriots? It is easy to wear a shirt with a flag on it, and it is easy to seize on a situation like this and play it for all it’s worth on a right wing leaning news network. But it is not so easy to do something like this:
The President of the United States in the name of The Congress takes pride in presenting the MEDAL OF HONOR posthumously to
LANCE CORPORAL JOSE F. JIMENEZ
UNITED STATES MARINE CORPS
for service as set forth in the following CITATION:
For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as a Fire Team Leader with Company K, Third Battalion, Seventh Marines, First Marine Division in operations against the enemy in the Republic of Vietnam on 28 August 1969. On that date Lance Corporal Jimenez’ unit came under heavy attack by North Vietnamese Army soldiers concealed in well-camouflaged emplacements. Lance Corporal Jimenez reacted by seizing the initiative and plunging forward toward the enemy positions. He personally destroyed several enemy personnel and silenced an antiaircraft weapon. Shouting encouragement to his companions, Lance Corporal Jimenez continued his aggressive forward movement. He slowly maneuvered to within ten feet of hostile soldiers who were firing automatic weapons from a trench and, in the face of vicious enemy fire, destroyed the position. Although he was by now the target of concentrated fire from hostile gunners intent upon halting his assault, Lance Corporal Jimenez continued to press forward. As he moved to attack another enemy soldier, he was mortally wounded. Lance Corporal Jimenez’ indomitable courage, aggressive fighting spirit and unfaltering devotion to duty upheld the highest traditions of the Marine Corps and of the United States Naval Service. He gallantly gave his life for his country.