A federal appeals court ruled Feb. 27 that a California high school did not violate the rights of students when ordering them turn their American flag T-shirts inside out on Cinco de Mayo or be sent home.

The decision came on the basis that students displaying the symbol would incite Hispanic students to engage them violently. According to the Court, student safety outweighed the right to freedom of expression.

The school cited past violent incidents with Hispanic students as proof of their concern for safety. However, if the school administrators were so sure certain students would react violently to this “offensive” symbol, they should have done something to control the violent students rather than the symbol of expression.

Since the 1969 Supreme Court ruling in Tinker v. Des Moines, schools may limit freedom of expression that disrupts the school environment.

However, the school and courts misinterpreted the intent of this precedent case. The school jumped to the conclusion that because there was a possibility of disruption of the school environment, the only viable option was to limit freedom of expression.

Despite this, there is a bigger problem. The school administrators incorrectly chose to label the American flag clothing as symbols that “offended” students celebrating Cinco de Mayo.

Since the 1986 Bethel School District v. Fraser Supreme Court ruling, school are granted with immense power to determine “offensive” material completely subjectively and  lays the foundation for Park’s own Student Conduct and Behavior Guidelines that states “clothing worn in school should not offend others.”

This court decision is what allows Park administrators to deem the unofficial senior boys’ “Day 69” tradition of wearing clothing that expresses vulgar and offensive. Although some may agree with Park’s policy in this case, the grounds for this policy essentially allows the school to branch out their power and determine itself what will “offend others.”

In the most recent case, those wearing an American flag shirt were censored, while those wearing the colors of the Mexican flag somehow had more right to free speech because it was Cinco de Mayo. Although a reconsideration of standards are unlikely, schools across the nation should ensure that student free speech is valued, in order to “instruct” students about our foundational freedoms.