A federal judge ruled Friday that a rural Colorado school district can bar a high school student from wearing a Mexican and American flag sash at her graduation this weekend after the student sued the school district.
Judge Nina Y. Wang wrote that wearing a sash during a graduation ceremony falls under school-sponsored speech, not the student’s private speech. Therefor, “the School District is permitted to restrict that speech as it sees fit in the interest of the kind of graduation it would like to hold,” Wang wrote.
Attorneys for Naomi Peña Villasano argued in a hearing Friday in Denver that the school district decision violates her free speech rights. They also said that it’s inconsistent for the district to allow Native American attire but not Peña Villasano’s sash representing her heritage. The sash has the Mexican flag on one side and the United States flag on the other.
An attorney representing the Garfield County School District 16 countered that Native American regalia is required to be allowed in Colorado and is categorically different from wearing a country’s flags. Permitting Peña Villasano to sport the U.S. and Mexican flags as a sash, said Holly Ortiz, could open “the door to offensive material.”
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