436 Case Brief (1)

1. Case Caption: Dariano v. Morgan Hill Unified School District, NO. C 10-02745 JW, (2011)

2. Nature of the Case: This is a challenge on the constitutionality of the 1st and 14th
Amendment of a school action prohibiting students from wearing American Flag shirts in a
public high school on Cinco de Mayo Day.

3. Procedural Summary:
Plaintiffs: John Dariano; Dianna Dariano, on behalf of their minor child, M.D.; Kurt
Fagerstrom; Julia Ann Fagerstrom, on behalf of their minor child, D.M; Kendall Jones;
Joy Jones, on behalf of their minor child, D.G., Palin
Defendants: Morgan Hill Unified School District; Nick Boden, Principal, Live Oak High
School; Miguel Rodriguez as Assistant Principal, Live Oak High School, Defendants
Lower Court Decision: The court denies Plaintiffs Motion for Summary Judgment
and grants Defendants Motion for Summary Judgment.

4. Facts: The plaintiffs are three students who attended Live Oak High School within the
Morgan Hill Unified School District, in the state of California. On May 5, 2010, plaintiffs and
two other students wore clothing including images of the American Flag to school at Live
Oak. Two different students warned Defendant Rodriguez (Assistant Principal) that they were
concerned that Plaintiffs clothing would lead to violence. Defendant Rodriguez asked
plaintiffs to either remove their shirts or turn them inside out. Defendant Boden, the
Principal let two of the five students including plaintiff M.D. return to class without changing
their shirts. Defendant Boden told Plaintiffs D.M. and D.G. that they had to either turn their
shirts inside out or go home for the day. He told them that if they chose to go home for the
day, they would receive excused absences and it would not count against their attendance
record. Plaintiffs filed their complaints on June 23, 2010.

5. Issue: Plaintiffs allege that Defendants violated their federal and state constitutional
rights to freedom of expression, due process and equal protection. At issue is whether the
school officials violated Plaintiffs First Amendment Rights? At issue is whether Plaintiffs
right to equal protection was violated by the requirement that they change clothing?

6. Holding and Decision: The United States Court of Appeals, Ninth Circuit affirmed the
district courts holding that the policy is not unconstitutionally vague and does not violate
the students rights to due process.

7. Comment: Plaintiffs alleged that their federal and state constitutional rights to freedom of
expression, due process and equal protection are violated when the Defendants Rodriguez
asked them to remove their American Flag Shirts or turn them inside out. The court finds
that based on undisputed facts, the school official logically predicted that Plaintiffs clothing
would cause a substantial interruption at school and hence did not violate their freedom of
expression. The equal protection violation also failed because there was no evidence to
show that plaintiffs were discriminated against. The Due Process violation claims did not
succeed because the school district has an existing dress code policy that provide ample
information to students of what attire is prohibited. As school executives, it is important that
we are aware and adept with what constitutes violation to freedom of expression within the
school environment. It should be established that such actions by students would result to
disruption on the operation of the school. In this case, it was established that the wearing of
American Flag shirts would result to possible altercation among students, and thus would
impact and disrupt the operation of the school as shown by prior events where violent fights
occurred when American flag was displayed during Cinco De Mayo celebration. Also, it
should be made explicitly clear to students particularly during the start of the school year
the district policies i.e. dress code, etc. as outlined in the students handbook. Also,
Improving and changing the school culture by intentionally celebrating diversity (staff and
student) would help alleviate if not eradicate racial issues/tension.

Andrea Dagnalan