Dariano v. Morgan Hill Unified Sch. Dist., et al., No. 11-17858 (9th Cir. 2014)Annotate this Case
Students brought a civil rights suit against the school district and two school officials after the school asked a group of students to remove clothing bearing images of the American flag when school officials learned of threats of race-related violence during a school-sanctioned celebration of Cinco de Mayo. The court concluded that school officials did not violate the students' rights to freedom of expression, due process, or equal protection where the school officials anticipated violence or substantial disruption of or material interference with school activities and their response was tailored to the circumstances. Accordingly, the court affirmed the district court's holding that the policy was not unconstitutionally vague and did not violate the students' rights to due process.
The court issued a subsequent related opinion or order on September 17, 2014.