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.

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

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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.

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