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Turns out you do not have an unlimited constitutional right to be a dickbag to your fellow classmates just because you are white, and they are Mexican, and you really don't like Mexicans. Who knew?


The Supreme Court has denied an appeal from California high school students who argue that school officials violated their right to free speech when they made them turn American flag T-shirts inside out. [...]

The Supreme Court justices did not comment on their decision to reject the appeal in Dariano v. Morgan Hill Unified School District and leave the ruling from the 9th Circuit Court of Appeals in place.

The case, on which the Supreme Court justices did not want to waste a single breath, was brought by some whiny-ass white kids and their parents who thought it was real unfair their high school would not allow them to be Super Patriotic on Cinco de Mayo, fer 'Merica, by wearing American flags on their bodies, because screw you, ya dumb Mexicans, and your un-American "heritage."

As the 9th Circuit described in its decision last year, in which it sided with the school district and against the kids demanding their unbridled right to troll SO hard:

This case arose out of the events of May 5, 2010, Cinco de Mayo, at Live Oak High School (“Live Oak” or “the School”), part of the Morgan Hill Unified School District in Northern California. The Cinco de Mayo celebration was presented in the “spirit of cultural appreciation.” It was described as honoring “the pride and community strength of the Mexican people who settled this valley and who continue to work here.” The school likened it to St. Patrick’s Day or Oktoberfest.

Live Oak High School has a "history of violence among students, some gang-related and some drawn along racial lines." The year before, on Cinco de Mayo, some kids apparently could not stand being around all that "cultural appreciation," so they "hung a makeshift American flag on one of the trees on campus, and as they did, the group of Caucasian students began clapping and chanting 'USA.'" They seem nice, huh? Can't imagine why there's any racial tension at Live Oak High.

Shockingly, one of the Mexican students reacted with displeasure and also some potty-mouth, so Assistant Principal Miguel Rodriguez removed him from the area, and no one learned a very important lesson that day about Not Being Dicks, because the following year, it happened all over again, only worse.

A year later, on Cinco de Mayo 2010, a group of Caucasian students, including the students bringing this appeal, wore American flag shirts to school. [...]

As Rodriguez was leaving his office before brunch break, a Caucasian student approached him, and said, “You may want to go out to the quad area. There might be some — there might be some issues.” During the break, another student called Rodriguez over to a group of Mexican students, said that she was concerned about a group of students wearing the American flag, and said that “there might be problems.” Rodriguez understood her to mean that there might be a physical altercation. A group of Mexican students asked Rodriguez why the Caucasian students “get to wear their flag out when we [sic] don’t get to wear our [sic] flag?”

In an effort to de-escalate the situation, Rodriguez told the Proud American kids, for their own protection, to take off their American flag clothes, or turn them inside out -- or hell, have an "excused absence" and just go home for the day. But nah, those kids had a First Amendment right to taunt their fellow classmates, and they were willing to risk life and limb for their country to do so.

Plaintiff D.M. said that he was “willing to take on that responsibility” in order to continue wearing his shirt. Two of the students, M.D. and D.G., said they would have worn the flag clothing even if they had known violence would be directed toward them.

Then the mommies and daddies of those Great American Heroes filed a lawsuit against the school and the school district and the principal and vice principal, "alleging violations of their federal and California constitutional rights to freedom of expression and their federal constitutional rights to equal protection and due process."

The lower court basically tossed out their lawsuits because the school has a legitimate interest in trying to prevent kids from beating each other up over some T-shirts, and schools are allowed to have dress codes anyway. The 9th Circuit agreed and assured the delicate lily white flowers their constitutional rights were still perfectly intact, even if they could not shove their American flags right in those Mexican kids' faces. And on Monday, the Supreme Court was like, "Yeah, we SOOOOO don't even care about this, YAWN." The all-out-of-options-so-just-suck-it-up plaintiffs took the news as well as you'd imagine:

One parent whose son was sent home for wearing an American flag said he was disappointed by the decision. “I found it shocking. The flag represents the nation as a whole. It is about respect for the United States,” said Kendall Jones of Morgan Hill, Calif. “We can embrace a multicultural celebration at school, but that is no excuse for excluding the flag.” [...]

Los Angeles lawyer William Becker, who sued on behalf of the parents, called the court’s decision a victory for “bullies” and a defeat for free speech. “This opens the door for a school to suppress any viewpoints that are opposed by a band of vocal and violent bullies,” he said.

Yeah! The real bullies are those kids who wanted to celebrate Cinco de Mayo, not the innocent victims who just had to show off their Proud To Be A American wardrobes on that particular day. Too bad no court in the entire United States saw it that way. Oh well. Guess freedom died a little bit more this week because even Chief Justice John Roberts hates America now, the end.

[The Hill/9th Circuit/L.A. Times]

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