Assistant Principal Miguel Rodriguez sent home 5 students at Live Live Oak High School in Morgan Hill, California for T-shirts showing the American flag. Rodriguez felt that clothing displaying the American flag on Cinco de Mayo was incendiary.  He was wrong.  He made a mistake.

The students were engaging  in  constitutionally protected 1st Amendment expression. This is not a close call. For a good discussion on the case law in this area  you can go to the Volokoh website.

The principal later apologized.  No further action was taken against the students nor was it made part of their permanent records.

The parents are still up in arms, holding town hall meetings and screaming about lawyers on Fox News.  A town hall meeting is appropriate as the principal should have to explain his actions and issue a mea culpa if that’s what the parents are after.  Beyond that, let’s move on.  I suspect the students want to move on.  Unlike the parents they have no agenda.

The students have not been damaged in any way.  To my knowledge they simply got a day off school.  The students  have no 1st Amendment claim if no official punitive action is made part of their permanent record.  The parents should quit pushing their own agendas.  No harm no foul.  Flag On!