Facts

On Cinco de Mayo in 2010, several students of Live Oak High School in Morgan Hill wore American themed clothing to school, including depictions of the American flag. School administrators told the students that they should take off or turn their clothing inside out, and told students that they could be suspended if they declined to do so.

The administrators contended they believed that the student plaintiffs' safety was at risk, based on a nearly physical altercation that occurred on Cinco de Mayo the previous year, and on information they obtained from students on May 5, 2010. Ultimately, two of the students left school voluntarily and another student's parents removed that student. None of the students were suspended.

Later, the students sued the school district and school administrators, claiming violations of their First Amendment, Equal Protection Clause, and Due Process Clause rights.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that before administrators can suppress student speech in light of a perceived threat of violence against those students, an actual disruption must have occurred.

DEFENDANTS' CONTENTIONS:
Defendants contended that administrators could suppress student speech in light of perceived threats based on a reasonable forecast.

Result

The court granted defendants' summary judgment.