(Tampa Free Press)—The Liberty Justice Center has filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of two Michigan middle school students challenging their school’s ban on sweatshirts featuring the phrase “Let’s Go Brandon.”
The case, B.A. v. Tri County Area Schools, raises significant questions about the limits of free speech in schools and the interpretation of First Amendment rights for students.
In 2022, Tri County Middle School prohibited two brothers from wearing sweatshirts with the politically charged phrase “Let’s Go Brandon.” The school claimed the phrase violated its policy against “lewd, indecent, vulgar, or profane” speech. The boys’ family subsequently filed a lawsuit, arguing the ban was an unconstitutional restriction on political speech.
However, a district court upheld the school’s ban, ruling that the phrase’s euphemistic nature made it indistinguishable from profanity on school grounds.
In its amicus brief, the Liberty Justice Center urged the Sixth Circuit Court of Appeals to overturn the district court’s decision. The organization argues that the school’s actions violate the students’ First Amendment rights and fail to recognize that the phrase “Let’s Go Brandon” is a reflection of mainstream political discourse rather than profanity.
The brief also highlights a broader trend of lawsuits nationwide challenging schools’ overreach in regulating student speech. For instance, it references a recent ACLU lawsuit involving students suspended for carrying unapproved posters during a school-sponsored walkout.
Additionally, the Liberty Justice Center contends that euphemisms like “Let’s Go Brandon” are not equivalent to explicit obscenities. Drawing a parallel to inoffensive terms like “darn,” “shoot,” and “heck,” which are acceptable in children’s programming, the brief argues that students should not face penalties for expressions that are neither vulgar nor explicitly offensive.
“School officials have no right to censor a student’s free speech because of their personal objection to the implied political content of that speech,” said Buck Dougherty, Senior Counsel at the Liberty Justice Center. “We urge the Sixth Circuit Court of Appeals to reverse the lower court’s ruling and uphold students’ First Amendment rights.”