Happy Constitution Day! It’s official: the U.S. Ninth Circuit Court of Appeals has issued an order declining a request for an en banc hearing in a case involving four students in at a California high school who were sent home for wearing American flag T-shirts on Cinco de Mayo.
The full slate of Ninth Circuit judges has thus agreed with a lower district court and with a trio of appellate judges that officials at Live Oak High School in Morgan Hill, Calif. could censor students who wanted to wear flag-emblazoned shirts.
The federal appeals court issued its denial of an en banc hearing on Sept. 17 — Constitution Day.
The trouble dates back to Cinco de Mayo (May 5) in 2010, when officials at Live Oak High — a school with a predominant Mexican-American student body — forced the students to remove their American flag-festooned shirts.
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