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ACLU says Fallbrook student’s rights were violated

The American Civil Liberties Union says Fallbrook High School officials violated a student's civil rights when they disciplined her for wearing an American flag in her back pocket. The ACLU will sue if the school does not respond within ten days. KPBS Reporter Amy Isackson has the story.

Student Malia Fontana says she was spurred to wear the American flag folded in her back pocket because school officials had told her friend to put away his American flag bandana the day before. When Fontana refused to remove her flag, she says school officials wrote her up for defiance.

ACLU Legal director David Blair-Loy says under federal law schools may control student's speech only if there's a substantial disruption or interference with school activities or other student's rights.

The mere fact that student speech might spark disagreement or might be controversial is not enough to meet this test.

The ACLU is asking the school to apologize and remove the discipline record from Fontana's file. Amy Isackson, KPBS News.

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