NEW JERSEY (CBSNewYork) — The American Civil Liberties Union has stepped in to defend a New Jersey teenager who was suspended from school for refusing to remove a confederate flag that flew atop his car.

Edward Barocas, legal director for the ACLU in New Jersey cites specific case-law from the third circuit court of appeals, in which New Jersey students were allowed to wear T-shirts with confederate flags, provided a disruption was not created, WCBS 880’s Jim Smith reported.

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In this case, Barocas says “the school would be hard pressed to argue that this will cause a substantial disruption.”

That’s because the 17-year-old flew the flag on his truck for weeks without incident.

He was only suspended after refusing the vice principal’s demand to remove it, Smith reported.

Barocas says the First Amendment still applies even in school parking lots.

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“It protects those whose speech is offensive or makes others uncomfortable,” Barocas said.

He sent a letter to the school calling for the flag to be allowed.

School officials were not available for comment.

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