A federal appeals court has been asked to overturn a judge’s determination that a school can order students to remove U.S. flag-themed articles of clothing because other students celebrating Mexico’s Cinco de Mayo could be upset by Old Glory.

The appeal with the 9th U.S. Circuit Court of Appeals was filed today by several legal teams who are working on behalf of three students attending Live Oak High School in San Francisco’s Morgan Hill Unified School District.

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“It is a sad day in our nation’s history when government officials ban the American flag on a public high school campus for any reason,” said Robert Muise, founder and senior counsel for the American Freedom Law Center, one of the groups working on the case.

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