An Ohio father is taking legal action against his son’s school district after the boy was disciplined for wearing a “Let’s Go Brandon” t-shirt, claiming the school violated his constitutional rights to free expression.
Key Takeaways
- An Ohio father has filed a lawsuit against a school district for punishing his son for wearing a “Let’s Go Brandon” t-shirt, claiming violations of First and 14th Amendment rights.
- School staff forced the student to cover the shirt, issued disciplinary actions including a “pink slip” and detention, claiming the phrase breached dress code as a code for a vulgar expression.
- The lawsuit argues the school’s dress code is “unconstitutionally vague” and allows too much discretion in enforcement.
- Similar lawsuits have emerged elsewhere, including Michigan, highlighting ongoing tensions between political expression in schools and dress code policies.
- The Foundation for Individual Rights and Expression (FIRE) maintains that criticism of the president is protected speech that schools cannot censor.
Constitutional Challenge Over Political Expression
The lawsuit, filed by an Ohio father, details a series of incidents beginning in November when his son wore a “Let’s Go Brandon” t-shirt to school. According to court documents, a teacher initially forced the student to cover the shirt and later issued a disciplinary “pink slip.” The situation escalated when the school principal allegedly demanded the student not wear the shirt again, claiming the phrase was coded language for a vulgar expression directed at President Biden.
The legal filing specifically cites violations of the student’s First Amendment right to free speech and Fourteenth Amendment right to due process. The father argues that the school’s actions represent an unconstitutional restriction on political expression, as the “Let’s Go Brandon” phrase has become widely recognized as a form of political commentary among conservatives criticizing the Biden administration.
Escalating Disciplinary Measures
Court documents reveal that the student faced progressive disciplinary actions for continuing to wear the shirt, including detention. The lawsuit claims teachers confronted the student with comments like “I know what that means” and “Do you like offending people?” when addressing the t-shirt. These interactions allegedly created a hostile educational environment for the student based solely on his expression of political beliefs.
“Do you like offending people?” – A teacher
The legal challenge specifically targets the school’s dress code policy, which the father describes as “unconstitutionally vague” and providing administrators with excessive discretion in determining what clothing is appropriate. The lawsuit argues that this vagueness creates an environment where political speech can be arbitrarily restricted based on the personal views of school staff rather than clear, objective standards.
Growing Trend of “Let’s Go Brandon” Legal Battles
This Ohio case is not isolated. Similar legal challenges have emerged elsewhere, including a lawsuit in Michigan where students were prohibited from wearing clothing with the same phrase. These cases highlight an emerging pattern of tension between school dress codes and political expression in educational settings. The origin of “Let’s Go Brandon” stems from a 2021 NASCAR interview where a reporter mistakenly interpreted a crowd chant, and it has since become a coded substitute for criticism of President Biden.
The Foundation for Individual Rights and Expression (FIRE) has become involved in several of these cases. FIRE attorney Conor Fitzpatrick has emphasized that criticism of the president constitutes protected political speech under the First Amendment. The organization maintains that schools cannot censor political expression simply because it may be controversial or represent views that differ from those of school administrators.
Legal Precedent and Ongoing Litigation
The Ohio school district has declined to comment on the specifics of the lawsuit, citing the ongoing litigation. However, the case raises important questions about the limits of school authority over student expression. Previous Supreme Court rulings, including the landmark Tinker v. Des Moines case, established that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” though schools maintain some authority to restrict speech that substantially disrupts the educational environment.
As this case progresses through the legal system, it may help further define the boundaries between school discipline policies and students’ constitutional rights to political expression. For many conservative families, the outcome will be seen as an important indicator of whether traditional American values of free speech remain protected in public education settings or are subject to increasing restriction.
Sources:
- Dad claims son was harassed by staff for wearing ‘Let’s Go Brandon’ shirt, sues school district
- Dad sues after eighth-grade son is forbidden from wearing ‘Let’s Go Brandon’ T-shirt to school
