Censorship for Cinco de Mayo?

This transcript is automatically generated

We first told you about this story about a year ago -- four boys were sent home from school in nearly suspended for wearing American flag T shirts and sync of the mile.

The -- suit but a California judge just ruled in the favor out.

The school.

We're joined right now by -- -- out -- he's one of the students who is sent home and it was suspended and his lawyer John Whitehead attorney for the other students involved as well.

John first off shocked by the -- they'll disappoint in the decision but shocked by it.

-- I was shocked I think it's absurd I mean the central issue in the case is free speech.

Because some students objected or one the school -- says someone might be offended first amendment rights were extinguished and the judge agreed here and counselors and equal protection issue an equal rights issue and that is is that.

If you could fly the Mexican flag that -- -- the Chinese flag or whatever what can you fly the American flag so.

These students are treated unequally but the key issue here is is a chance school officials extinguish free speech because someone might be defend itself.

I think the judge basically agree this is a political correctness issue run amok.

And that he can do why did you weird I'm sick of the mile wide where the Fletcher and sick of them they said it was you you -- to be -- viewing your -- Well we we -- the flag pretty often.

Throughout the year in.

-- system there shown are -- there are a lot of -- so there is we should be allowed to show ours at Santa and you did you wore it in the end up in the principal's office in nearly suspended.

Why it is so important for you to follow through on this and get what you called -- to be justice.

-- -- That that followed the questions that I take an -- who -- the -- towards my flag and -- trend is it distracting announced there -- -- -- -- -- -- -- -- I was going to be a lot of -- -- and time.

And did you -- walking through the halls with or without your friends where you causing disruption where some of these bad -- kids getting upset that you were doing that.

Now I mean there's no problems of and so when -- -- can open the sudden put itself.

There's no excuse.

So it's a John Whitehead.

You are in a situation now we go into the appeals court would you think you'll be different there.

Well -- you get away from war court.

The better chance you have -- plus we have three judges here via three judge panel so we'll have three different judges not ones but.

There is controlling Supreme Court precedent here in the Supreme Court has said that you have to show.

Actual facts of substantial disruption of what this case basically -- -- is probably a few teachers were offended or didn't like the idea or thought it might happen but.

He can't be speculation -- to show facts so that's the key legal issue here and constitutional issue.

That I -- think it's staggering to think -- That you could Wear a flag T shirt to school issued in a school that does not require uniforms.

And he couldn't really get suspended fundamentally that statement -- that seems to be the hardest for you to live with in my right.

Yes there.

And that's way continue to push on here's what the judge said.

Judge James -- says this.

The fit the school officials reasonable forecast the -- clothing.

Could causes substantial disruption with school activities and therefore did not violate the standards set forth are requiring.

That -- change so therefore it will your first amendment rights were not violated a judge your reaction to that conclusion.

Well first bill -- rights were violated the question is whether or not.

Substantial destruction occurred on the Supreme -- president and there's no facts to show that here and no not none of the Hispanic students -- we're told put away their flag of their shirt so.

-- -- -- -- Group of people were targeted and constitutionally the courts have held -- you can't do this this violates equal protection on the fourteenth amendment as well but.

Me say this is happening across the country I think -- is that really key test case.

It's going to be whether or not school officials can extinguish the rights of students to express themselves you're gonna see more of this of this cases uphill.

Unfortunately and that how how far are you willing to go for this and how disruptive has this entire case been to you your life your family.

The -- friends.

Hasn't been destruction -- all but.

I'm Tobin that then and an answer to the we get.

-- -- go to our way but.

The doesn't on the -- and so we went so.

You to keep fighting.

Imaginary shadow is acacia every guitar set you can always Wear a flag -- no -- this is venue in fact will embrace it.

Matthew -- over in California seemed and of course John Whitehead attorney for all the students involved thanks still so much we'll -- the case.

I think you.

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Censorship for Cinco de Mayo?

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