The 9th U.S. Circuit Court of Appeals ruled officials at a Northern California high school were right to place concern of racial violence over freedom of expression rights.
Administrators at Live Oak High School in San Jose said they were concerned American-flag shirts would incite violence from Latino students, prompting the administrators to order several students to turn the shirts inside out or go home during a 2010 Cinco de Mayo holiday celebration.
The school reportedly had a history of racial violence between students during the annual Cinco de Mayo celebration, which commemorates the Battle of Puebla on May 5, 1862, when Mexican troops defeated a French army of Napoleon III. Cinco de Mayo is not Mexican independence day, and is celebrated in the U.S. more than Mexico to honor Mexican heritage.
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