MORGAN HILL (CBS SF) – The families several high school students who sued the Morgan Hill Unified School District for violating their free speech rights have lost their case.

On Cinco De Mayo, 2010, 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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The former principal told the boys to turn the shirts inside-out or go home. When the refused, the were asked to leave campus.

Parents claim that the demand violated the students’ first and fourteenth amendment rights.

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A federal court ruled that Live Oak has the right to restrict a student’s free speech when it is likely to cause a substantial disruption.

The plaintiffs were 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 was seeking damages including changing school policies to clearly state students’ rights, and reimbursement lawyer fees.

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