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Constitutional Law Keyed to Paulsen
Dariano v. Morgan Hill Unified School District
Citation:
767 F.3d 764 (2014)Facts
On May 5, 2010, Cinco de Mayo, several Caucasian students at Live Oak High School wore clothing depicting American flags. Live Oak had experienced approximately thirty fights over six years, some gang-related and some between Caucasian and Hispanic students. During Cinco de Mayo 2009, an altercation occurred between groups of students involving American and Mexican flags, with profanities and threats exchanged. On the morning of May 5, 2010, the students wearing American flag shirts were confronted by other students questioning their clothing choices. Assistant Principal Rodriguez received warnings from students about potential violence during brunch break. Rodriguez, under Principal Boden’s direction, met with the flag-wearing students and gave them options to turn shirts inside out, remove them, or go home with excused absences. Two students chose to go home. Subsequently, all plaintiffs received threatening messages, causing them to miss school on May 7.
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