DENAIR, CA - A local middle school student that had been banned from flying the U.S. had nationwide support as he rode his bike to school Monday morning.
Cody Alicea, 13, was accompanied to Denair Middle School by a large group of motorcycle riders and several hundred others, all flying the American flag.
"People are very emotional when it comes to the flag," said Professor Brian Landsberg, who teaches constitutional law at McGeorge School of Law in Sacramento.
Landsberg explained flag-flying is protected by the right to free speech.
"The constitution doesn't have any rule about flying the flag. What it does say is that the government basically has to treat all flags the same," Landsberg said.
Even youngsters have constitutional rights according to Landsberg.
"The students come to school with the freedom of speech," he said. "On the other hand, the school system can [make] reasonable rules that are related to the education purposes of the school or security in the schools."
In May of last year, tensions grew in Gilroy and Denair when different groups of students sported Mexican and American flags on Cinco de Mayo.
Gilroy officials sent home students wearing U.S. flags claiming they were defusing racial tensions.
In Denair, school officials decided to stop students from bringing any flags to school. They explained that's what prompted a campus supervisor to tell Alicea to stow his flag last week.
Following the nationwide outcry, Denair officials decided to reverse their decision and allow Alicea to bring his flag to school Monday.
Landsberg said, "I would think they're going to have to allow the carrying of Mexican flags on Cinco de Mayo."
He added, school officials and parents should use the flag flap as a teachable moment.
"I would hope they would tell their kids to kind of cool it," Lansberg mused. "The flag is not a threat. They should be respectful of other people's flags as well."
One thing is for sure: when Cinco de Mayo rolls around next May, the nation will be watching what happens in Denair.
By Karen Massie, kmassie@news10.net
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