The Supreme Court rejected a free-speech appeal Monday from several California high school students who were told they could not wear a shirt emblazoned with an American flag on the Cinco de Mayo holiday.
The court's action has the effect of upholding school officials who said they acted because they feared an outbreak of fighting between white and Mexican American students.
The court's action sets no legal precedent but it raises questions about whether students have the same free-speech rights as adults on matters that may provoke controversy.
Many school officials in recent years have told students they may not wear the Confederate flag on their clothing at school or display anti-gay messages. The case of Dariano vs. Morgan Hill Unified School District drew greater attention because an American flag was considered the provocative message.
The Live Oaks High School south of San Jose had seen at least 30 fights between white and Mexican American students. And the annual celebration of the Mexican holiday on May 5 had heightened the tension.
On that day in 2010, the principal told several white students they must remove their shirts featuring an American flag or go home.
They went home but, with the help of their parents, later sued the school officials for violating their rights under the 1st Amendment.
Federal judges in San Francisco rejected their free-speech claim on the grounds that the school officials had a reasonable fear that their shirts could provoke fighting or a disruption of the school's activities.
Lawyers for the parents had urged the justices to hear an appeal, and they won the backing of prominent 1st Amendment advocates. They cited a ruling from the Vietnam War era which said young people do not lose their constitutional rights when they go to school. But the justices have steered clear of school free-speech disputes in recent years.
In turning down the Dariano case Monday, the court as usual did not explain its reasoning for refusing to hear an appeal. But the court's action is likely to be read as strengthening the authority of school officials to suppress the display of clothing or other symbols that might trigger trouble.
Twitter: @DavidGSavage
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