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Court Upholds School Ban on "Let's Go Brandon" Shirts

Activists Demonstrate Against Los Angeles' City Worker Vaccine Mandate

Photo: Getty Images North America

Cincinnati, OH -- The U.S. Sixth Circuit Court of Appeals has upheld a Michigan school's decision to ban students from wearing "Let's Go Brandon" shirts, ruling that the slogan is "reasonably understood as profane or vulgar." The court's decision, issued on Wednesday (October 15), supports Tri-County Area Schools' policy prohibiting clothing with offensive language. The case involved two brothers who were prohibited from wearing the shirts at Tri County Middle School in Howard City, Michigan. Their mother argued that the ban violated their First Amendment rights. However, the court found that the school reasonably interpreted the slogan as a euphemism for profanity against President Joe Biden.

The phrase "Let's Go Brandon" originated in 2021 when an NBC Sports reporter mistakenly said a NASCAR crowd was chanting it, while they were actually chanting an expletive against President Biden. The slogan quickly became a meme and a political statement. The appeals court noted that while political speech is protected, it does not allow for vulgarity in schools. Judge John Nalbandian stated, "In the schoolhouse, vulgarity trumps politics," emphasizing that schools can prohibit such language even if it carries a political message.

The Foundation for Individual Rights and Expression plans to appeal the ruling, arguing that students have the right to express political opinions in a non-disruptive manner. Judge John K. Bush dissented, asserting that the phrase is fundamentally political and not plainly vulgar. The ruling follows the Supreme Court's precedent in Bethel School District v. Fraser, which allows schools to prohibit lewd or indecent speech.

The decision highlights the ongoing debate over free speech in schools and the balance between political expression and maintaining a respectful environment. The case may continue to evolve as further appeals are pursued.


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