Denair High School tells California teen he can't fly flag on bike, then relents after complaints

After flying the flag for two months, Cody Alicea was told last Monday by Denair Middle School to take it down. The flag was not welcome and no longer allowed on school property.

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"Superintendent Parraz expressed fear that students might bring flags of the United States and Mexico to school, and he attempts to justifying this decision as a way to avoid tension in the district. However, the district schools fly the American flag on flagpoles outside of their buildings and inside classrooms throughout the district. Parraz even claims the decision is consistent with the U.S. Constitution."  

"This decision violates the First Amendment of the U.S. Constitution. In Tinker v. Des Moines Ind. Sch. Dist., the Supreme Court protected the free speech rights of students on public school campuses. This potential for offense cannot provide justification for banning Cody from displaying the American flag in support of his country and its war veterans. Students have the right to wear printed words or symbols on their clothing and display them on their vehicles while on school property. Students= expression in this manner may only be limited if it materially and substantially interferes with or materially disrupts the ordinary operation of the school, not because the symbols or messages offend administrators or fellow students."  from Liberty Counsel press release

UPDATE November 15, 2010  Cody's father, Robert Kisner, said of school officials, "One day they didn't want to speak to us and then next day they couldn't talk fast enough to apologize. They thought we were going to sue them. I believe this letter from Liberty Counsel made a great difference. The school staff is very sorry now."


"This morning American flags were everywhere. A convoy of motorcyclists filled the street behind Alecia on his way to school. Once at school, students joined Cody in displaying flags and saying the Pledge of Allegiance. Also present were four Gold Star Veterans who gave Cody a large golden coin that read "Welcome Home Heroes." California Senator George Runner sent a large flag, a military beret, and other symbols presented to Cody. The most touching moment for the family was after the crowd was breaking up. One veteran named Adam Brittan slowly approached Cody, his sacrifice to our country physically evident, donning a purple heart on his hat. He was so grateful for Cody's stand that he took his hat off his head and gave it to Cody. The school was also bombarded with demands from soldiers as far away as Afghanistan."  from Liberty Counsel press release





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