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NO?
NO.
BACK IN 2010, OFFICIALS AT A
HIGH SCHOOL NEAR SAN JOSE TOLD
STUDENTS TO TAKE OFF OR COVER UP
THEIR AMERICAN FLAG T-SHIRTS.
THEY COULD TURN THEM OUT WHILE
ON SCHOOL PROPERTY BUT COULD NOT
DISPLAY THAT FLAG.
HERE'S THE REASON WHY.
IT WAS ON CINCO DE MAYO, THE
INFECTION CAN PRIDE HOLIDAY.
A GROUP OF KIDS WORE BIG
AMERICAN FLAG T-SHIRTS THAT DAY,
AND THE SCHOOL SAID LOSE THEM.
NOW, THE UNDERCURRENT HERE, KIDS
PROTESTING CINCO DE MAYO.
IT WASN'T JUST THAT THEY WERE
WEARING THE FLAG, THEY WERE
TRYING TO SEND A MESSAGE.
LEASE A BLOOM AND DANNY CEVALLOS
HERE TO TALK ABOUT THIS.
FIRST THING EVERYBODY SAID, IN
AMERICA, YOU DON'T HAVE A FIRST
AMENDMENT RIGHT TO WEAR AN
AMERICAN FLAG OR SAY WHATEVER
YOU WANT TO SAY.
DANNY?
>> THE ANSWER TO THAT QUESTION
IS WHEN YOU'RE A STUDENT, THE
RULES ARE DIFFERENT.
THE SUPREME COURT HAS SAID, AS A
STUDENT, YOU DON'T CHECK ALL
YOUR FIRST AMENDMENT RIGHTS AT
THE DOOR.
BUT THE SUPREME COURT AND ALL
THE COURTS ALWAYS GO BACK TO THE
SAME OLD CASE.
IT'S THE EASIEST THING IN THE
WORLD TO BE A FIRST AMENDMENT
LAWYER WITH THIS.
BECAUSE YOU JUST GO BACK TO THIS
CASE CALLED TINKER.
STUDENTS WORE BLACK ARM BANDS IN
SCHOOL TO PROTEST THE VIETNAM
WAR.
AND THERE THE SUPREME COURT SAID
IF IT CREATES A MATERIAL,
SUBSTANTIAL DISRUPTION, THE
SCHOOL CAN SUPPRESS THAT SPEECH.
AND JUST ABOUT EVERY COURT SINCE
THEN HAS READ THOSE WORDS AND
DONE WHATEVER THEY WANTED TO DO,
AND THEN CITED TINKER.
SO THAT'S EXACTLY WHAT WE HAVE
HERE WITH THE NINTH CIRCUIT.
>> ISN'T THIS GUESSING?
ISN'T THIS A BIG GUESSING GAME,
THAT SOMETHING MIGHT HAPPEN?
>> EXACTLY.
>> NOT THAT SOMETHING DID
HAPPEN?
LISA, THIS IS WHERE I DON'T
UNDERSTAND.
ARE YOU ALLOWED TO GUESS
SOMETHING COULD HAPPEN AND THEN
PUT SOME SORT OF -- YOU KNOW,
STRUCTURE INTO PLACE?
>> SCHOOLS ARE GIVEN TREMENDOUS
DEFERENCE BY THE COURTS.
SCHOOLS ARE ALLOWED TO COME UP
WITH RULES THAT WILL PROTECT THE
SAFETY OF EVERYBODY ON THE
CAMPUS.
I THINK THIS WAS A TERRIBLE
DECISION BY THE SCHOOL, BY THE
WAY.
I THINK THE SCHOOL SHOULD HAVE
USED THIS AS A TEACHABLE MOMENT.
SAY, YEAH, YOU CAN WEAR AN
AMERICAN FLAG SHIRT AND WE'RE
GOING TO TALK ABOUT HOW
MEXICAN-AMERICANS ARE AMERICANS
AND HOW EVERYBODY IN THIS
CLASSROOM IS AMERICANS, AND
WE'RE ALSO GOING TO CELEBRATE
CINCO DE MAYO.