U. S. District Court Judge James Ware was ruling in a case involving students at Live Oak High School in Morgan Hill, CA, who were banned from wearing American flag t-shirts on the Mexican holiday in 2010.

The judge determined that the Morgan Hill Unified School District did not violate the First Amendment and said that concerns by school officials over possible violence justified censoring the pro-American message.

“The school officials reasonable forecast that Plaintiff’s clothing could cause a substantial disruption with school activities, and therefore did not violate the standard set forth – by requiring that Plaintiff’s change,” the judge wrote.

“This is nothing more than political correctness,” said John Whitehead, president of the Rutherford Institute. His organization, along with Thomas More Law Center, represented the students and their families in the lawsuit.

“If these kinds of decisions are upheld, they will destroy our First Amendment rights,” Whitehead told Fox News.

The lawsuit stems from an incident that generated national attention last May when three students wore patriotic t-shirts, shorts and shoes to class.

Whitehead said the boys were approached by assistant principal Miguel Rodriguez who instructed them to either remove their pro-American shirts or turning them inside out.

“The students were told their shirts would offend Hispanics,” Whitehead said.
[link to radio.foxnews.com]