[skysidhe]

Eugene Volokh, a professor of law at UCLA, said the students are protected under California Education Code 48950, which prohibits schools from enforcing a rule subjecting a high school student to disciplinary sanctions solely on the basis of conduct that, when engaged outside of campus, is protected by the First Amendment.
If the school could point to previous incidents sparked by students who wore garments with American flags, they could argue that the flag is likely to lead to "substantial disruption," Volokh said.
"If, for example, there had been fights over similar things at past events, if there had been specific threats made. But if [school officials] just say, 'Well, we think it might be offensive to people,' that's generally speaking not enough."
Volokh said the students and their parents likely have a winning case on their hands if they decide to take the matter to court.
"Oh yes, it's almost open and shut," he said.

http://www.foxnews.com/us/2010/05/07...ng-flag-flap/#