SAN JOSE (CBS 5) – An initial hearing was held Monday in a case filed by Morgan Hill parents over their children’s right to wear the American flag-themed clothing to class.

Last Cinco De Mayo, students at Live Oak High School were told to remove shirts, hats and other clothing bearing the American flag for fear that the articles would incite violence on campus.

Parents claim that the demand to remove the clothing or go home violated the students’ first and fourteenth amendment rights.

The Morgan Hill Unified School District pushed to be removed from the lawsuit in a San Jose courtroom Monday, pointing to the fact that former principal Nick Boden who, who made the dress code decision, is no longer employed by the district.

The plaintiffs are John and Dianna Dariano, parents of Matt Dariano; Kurt and Julie Ann Fagerstrom, parents of Dominic Maciell; and Kendall and Joy Jones on behalf of Daniel Galli. The group seeks damages including changing school policies to clearly state students’ rights and reimbursement lawyer fees.

(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (40)
  1. JC says:

    It’s absolutely amazing that this issue was EVEN made into something that has grown so big! Just who were the people the school was afraid was going to cause this supposed “violence” anyway? And when was Cinco De Mayo made an observable holiday in the school system? It’s just another excuse for some people to drink in the streets and cause trouble.

    1. Proud American says:

      Those boys were looking to just cause trouble and were just be stupid and immature because they could had picked another day out 365 days in a year to wear those shirts but NOOOOO the wanted attention.

      1. HapaMan says:

        “Those boys were looking to just cause trouble and were just be stupid and immature because they could had picked another day out 365 days in a year to wear those shirts but NOOOOO the wanted attention.”

        Wow…you can’t be serious. Proud American? I think not. Liberal whiner? Most definitely. Good luck voting for Obama for the second time.

      2. David says:

        “they could had picked another day” But do you want an unruly mob or a governmental official (vice principal, what ever) to FORCE them (us) to be “mature” (politically correct) or would you rather see rights of reasonable free expression preserved? Would we be just as irate if Mexican-American kids chose to wear Mexican Flag T-Shirts on July 4th? (I’d hope not.) Generally rebellious kids wearing USSR T-Shirts on Flag Day? Whose Iron Boot is going to come down on poor taste? or ordinary political differences?

      3. Dan says:

        Go back to mehico, no way your a citizen with spelling and grammar as such.

      4. Richard May says:

        I totally disagree with you on this.
        Those boys had EVERY right to wear those shirts – regardless of the day they wore them on.
        So we are now being told that it might cause violence if the American flag theme is worn on a shirt?
        Give me a break –

      5. PBTEXAS says:

        Sorry to correct your twisted mine, Obama has nothing to do with this. But like most uneducated/greedy people, I mean republicans blame him for everything. I voted than and will vote again for Obama, but I also feel that these boys have the right to dress how they want as long as it is within the school dress code.

        GO OBAMA 2012!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    2. Really proud American says:—Displaying-American-Flags-on-Clothing&id=3202893

      “In general, US flags shouldn’t be depicted on clothing,”

      For those truly in the know about our proud flag these boys could be consdered just as disrespectful as those who object ot the flag. Our flag isn’t a shirt or dress, it is a dispaly of respect for our country. It shouldn’t be in someones armpit or used as a napkin. These kids weren’t looking to display pride in our nation they were looking to bully other kids, Our flag shouldn’t be insulted by being used as a tool of bullying. Our nation is better than that and so should we the people.

  2. debrea says:

    It is a shame that American citizens have to be so careful of hurting the feelings of non citizens. This should never have happened. Cinco de Mayo is a trumped up Mexican holiday that has no business in American culture. If those immigrants and non citizens don’t want to leave their country traditions behind, they should stay in their own countries. Come to America and embrace our lifestyle and we will welcome you. Come to America and continue in the ways of your mother country and we will shun you. As the old saying goes – “When in Rome, do as the Romans do”. The rights of the children WERE violated, there is no need to celebrate a mexican holiday in America, and lastly, It is really sad that Americans have to fight for their rights in their own country.

    1. Proud American says:

      Well as a Proud American I can honestly say that alot of Americans are Lazy and without Mexicans who would make your mexican food you truly love when you stop by the taqueria and who would clean your yards and do your labor work in the fields to bring the foods you buy at the grocery stores, because I dont see all Americans lined up to do hard labor

      1. Gene Ray says:

        Yes we have lazy Americans. They are called Obama supporters. They sit in the projects collecting welfare and food stamps and keep the Democrats in office. Get them off their butts and into the fiields. By the way, one of the best Mexican resturants I ever went to was run by a family of Asians…………..

      2. James Li says:

        If all of the illegal aliens leave, I’ll happily give up my burrito.

    2. Judith McFarland says:

      I couldn’t agree with you more! Maybe this Government should stand up for the rights of Americans. It’s our Constitution, it’s our Government. The Hyphenated-American is a contradiction in terms. You’re either an American or you’re not…am I right? – or did this Country turn into the “United Nations”? Was it when I was busy trying to be a good, hard-working, American citizen of the United States of America? Was it during the past 30 years when I was trusting my Government to keep us from being invaded by non-Americans? IMHO, our wars abroad are not keeping us from “foreign invasion”. Where’s the “allegiance” to America when you still hold allegiance to your mother country? The arrogance of a foreign culture throwing their weight around in this Country is an absolute insult to me as an American. I think it creates a dangerous seperation in this Nation. Well, it pretty much falls back on the fact that this Government’s lost control.

      1. LrndTheLang says:

        Speaking of lazy slackers, how about the chumps who fall back on blaming “this government” for all the problems that have been building up for the past 20 years.

        And, if you’re going to start whining about hyphenated-Americans and celebration of foreign cultures as creating separation, why don’t you worry first about thefact that in Californiia you can vote in just about any language you please.

      2. Joshua M Segovia says:

        I love how easly this is blown out of proportion. So kids asked by their school to remove shirts, is a reflection of how our Federal Gov. runs? Thats an uneducated, and ilogical conclusion and statement. And i love how casually the word “invaded” is thrown around. I bet the native americans never felt invaded at all, they were glad to give up their lands. You act like these illegals have meetings, and an agenda to take over the US. Their only agenda is to provide for their families. Its funny that its illlegals to blame, because they dont pay taxes. But the guys who hire them get away with paing them below minimum wage, and also evade many taxes and fiscal responsibilities and obligations by hiring them. Not to mention the Republican party letting corporations outsource millions of jobs to Asia, but its the illegals who are hurting the economy right? Ah hey pot, this is the kettle, you’re black! “The arrogance of a foreign culture throwing their weight around in this Country is an absolute insult to me as an American.” Yet the arrogance of our American Gov., intefering in every other country throughout the world is ok. Its not a humble opinion Judith, its an ignorant one. Its scary how many people believe these lies, it parallels Nazi Germany. Hitler used ultra nationalist propoganda to justify the genocide of ten million people. Wake up America!!! This country is a melting pot. If you have forgotten, read The Colossus on Ellis Island.

    3. The Truth says:

      But isn’t what happened in the USA exactly coming to someone else’s country and taking it over, with violence in many cases. I believe all of North and South America were settled land with a people already living here before other people came and killed them and made this land their own. You don’t really want Mexican people to come to the USA and kill us and create a new country here, do you? Because that is exactly how the USA was created.

    4. Mark says:

      So which ‘ways of your Mother Country” do you shun. I hope it’s St. Patty’s Day, Christmas, Easter, and all the rest of the Christian Holidays, as they are not part of America as the Native Americans judge it.

      Come on, get over your Racist views. Who stated these were Non-Citizens that were celebrating Cinco De Mayo. Jump to concusions and you look like an A##

  3. think-ink says:

    The laws about the U.S. flag prohibit its use as clothing. These boys wore not being very good “patriots” to violate that law. They only wore it to taunt the other students. Cinco de Mayo celebrates a victory over the French (at a time when the French were trying to establish a supply base for those who sought to destroy the United States, the confederacy. People who believe in “liberty and justice for all” and the values the U.S. is supposed to represent should join in celebrating Mexico’s victory over France at a critical time.

    1. T Ference says:

      Its not a law. There are customs and guidelines that say you should not drape the flad as an article of clothing. But they are talkinbg about an actual flag, not the image of one. Yoiu see congressmen wearing flag pin all lthe time. thast is a clothing article.

  4. Justin Goble says:

    more waste of tax payer money and waste of court time

  5. Tia says:

    Cinco de Mayo is not an observable holiday in the school system. The kids were in school. Duh! A lot of cultures celebrate meaningful days amongst themselves. These ignorant kids were purposely trying to cause trouble then they whine and cry all the way home because they were asked to take the shirts off or go home. They would have gotten angry and felt offended if Mexican, Italian, Asian, etc., kids were wearing shirts with their flags on them on 4th of July, and rightfully so. I’d take issue with it, too. Now it’s a federal case. Maybe the should have stayed home and played video games, or whatever crybabies do, if they didn’t want to see any Mexican colors that day.

  6. Maria says:

    They have a right to wear The US flag, the Russian Flag, the Mexican flag on any day they want. It is called free speech and it is protected. This is America. Anyone offended, tough. Tge Constitution is about freedom not feelings. If you want to live somewhere else, feel free.

    1. Joshua M Segovia says:

      So are you willing to invite the Westboro Baptist Church to come and protest Soldier’s, Sailor’s, Marine’s, and Airmen’s funerals? The very first President under the then new Constitution of this great nation, Gen. George Washington, wrote in his farewell address, just because its legal to do something, doesnt make it right.

  7. Treyman says:

    Actually if they and you were real americans you would know that

    “The U.S. flag should not be embroidered on such articles as cushions, handkerchiefs, and the like, printed or otherwise impressed paper napkins or boxes or anything that is designed for temporary use and discard; or used as any portion of a costume or athletic uniform. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.”

    But hey why know the facts when your ignorance is so easy?

    1. abbie hoffman says:

      yeah right

  8. allredtodorojo says:


  9. Jim Doughty says:

    It really does not matter if Mr. Boden is no longer around — he simply represented the district, which is ultimately responsible for its actions.


  10. Drew says:

    Seems like the Boden knew there were troublemakers ready to start trouble. So, instead of dealing with the anti-American thugs, most likely gang members, he took the chicken way out and appeased the thugs.

    And liberals do not approve of this kind of behavior in any way. Hello? Freedom of speech? Don’t lie and say it’s liberals because it is most definitely not. It’s people afraid to stand up to gangs.

  11. PROUD AMERICAN says:

    As a former Marine, I was very proud of these boys. They did not wear these shirts to start trouble, and nothing would have happen the whole day if the vice principal had not took them into his office. That was when they stood up for their rights.

    our troops in uniform, were proud of them and it gave them a good feeling that people back home still cared about country and flag.

    It is their right to wear, fly the american flag, any day of the year, it is not disrespecting anyone, THIS IS AMERICA!!(I have seen the mexican flag flown on the 4th of July in Morgan Hill on cars etc.) LOVE IT OR LEAVE.

  12. Justice says:

    Say strong boys. We as Americans have every fricking right to wear our RED, WHITE AND BLUE. I am sick of these illegals trying to run us out. I hope the moron that sent them home that day get’s fired and never works again. Send his arc back to mexico.

  13. ron says:

    Hey, to all the illegal aliens who don’t think Americans work hard – we do, a lot of us do. I work for myself as a handyman – I do everything from spring yard cleanups to fixing a plugged up toilet. The BIG difference between me (and all the other hard working Americans who clean toilets, muck out horse stalls, work in hay fields, pick potatoes, etc – yeah – done all of those too) is we pay TAXES!!! and you don’t. We get up every day and go into work or we’d lose our job and you don’t – you work when and if you feel like it. we go down and VOTE for decent representation and you don’t. Many of us get politically active – and you don’t unless its to push for letting you stay here. There’s lots of things we do that you don’t because you fly underneath the radar. When the s__t hits the fan we’re the guys and gals who stand there and take up the slack – you just drift off to the next city where you won’t pay taxes, where you will avail yourself of the emergency room in the local hospital, where your kids will attend school for free. Believe me there would be a long long line of applicants for the jobs you left as you went back home and a lot of those people would be LEGAL immigrants as well as hard working, proud American citizens. Try coming hear legally and respecting our customs and traditions and I’ll be the first guy in the neighbor hood to stop over with a beer and shake your hand. Just don’t try telling me you work harder than I do

  14. STLDan says:

    Look at all the HATE commong from you right wingers at our President. You all make me sick. You dont agree so you HATE. America was built on the foundation that EVERYONE has a vocie and when we disagree we compramise for the better good. Seems all you right wingers forgot about that even though youl ike to through the values of our Constitution around quite a bit. You should all be ashamed, the right is the pormotor of HATE, you disagree they call you Unamerican… what is the real estate market like in Canada I wonder?

    1. Who's the Patriot? says:

      How come is it when there man was in office all we heard was “You’re showing disrespect to the Office of the President and yet now that their giy is out the do nothing but show disresepct to the Office of the President? And yet they claim to be the patriots …

  15. Joshua M Segovia says:

    How were the kids fourteenth amendment rights violated?

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