Dariano v. Morgan Hill Unified School District
United States Court of Appeals for the Ninth Circuit
767 F.3d 764 (2014)
After a prior year's Cinco de Mayo celebration at Live Oak High School saw a violent altercation between students partly triggered by American flag displays, Assistant Principal Rodriguez (defendant), informed of specific safety concerns the following year, required students wearing the most prominent American flag clothing (including plaintiffs M.D., D.G., and D.M.) to turn their shirts inside out or go home, while allowing students with less prominent flag imagery to stay; the plaintiffs went home, were later threatened, and sued alleging a First Amendment violation, and the trial court granted Rodriguez summary judgment while denying it on the plaintiffs' claims.
Whether school officials may prohibit an expression of opinion that substantially disrupts school activities or involves substantial disorder or invasion of the rights of others.