"America's students must be free to exercise their constitutional rights, not just learn about them."
Attorneys Conor Fitzpatrick and Harrison Rosenthal for FIRE, the Foundation for Individual Rights and Expression, filed the lawsuit on behalf of the students and their parents, arguing that "the First Amendment protects peaceful, non-disruptive political speech at school."
"The School District prohibits students, including Plaintiffs D.A. and X.A., from wearing apparel containing 'Let's Go Brandon,' a non-profane and well-known anti-Joe Biden political slogan, even though the School District allows students to wear apparel expressing other views," FIRE's attorneys pointed out, citing examples of students donning pro-LGBTQ clothing without reprisal.
According to the lawsuit, D.A. and X.A. were told by staff at Tri County Middle School to remove their Let's Go Brandon hoodies in February and May 2022, respectively. In D.A.'s case, Assistant Principal Andrew Buikema told him the slogan was equivalent to "the f-word," thus forbidden by the school's dress code.
"A public school district cannot censor speech just because it might cause someone to think about a swear word," FIRE's lawyers argued.
X.A., on the other hand, was told by Buikema that his hoodie showcased political speech, which was also banned.
The lawsuit highlighted inconsistencies in Buikema's handling of dress code violations. During the school's 2021-2022 "field day," he confiscated a student's Trump flag while allowing other political flags to remain out in the open.
The plaintiffs are seeking compensatory, nominal, and punitive damages from the school, as well as a declaration from administrators that their ban on Let's Go Brandon apparel is in violation of the First Amendment.
"These students should not only be allowed to express their political beliefs, but should be encouraged to do so," said Rosenthal. "America's students must be free to exercise their constitutional rights, not just learn about them."
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