Two middle school students sued a Michigan school district after they were ordered to shed sweatshirts emblazoned with “Let’s Go Brandon.” The pupils are accusing the district of viewpoint discrimination for banning the anti-Biden slogan while allowing other political and social messaging.
The lawsuit filed Tuesday in federal court said the students at Tri County Middle School in Howard City were ordered to remove their sweatshirts in February 2022 for allegedly violating the dress code.
The district and its employees are “censoring students who try to express support for former President Donald Trump or opposition to President Joe Biden,” said the complaint filed in U.S. District Court for the Western District of Michigan, Southern Division.
An assistant principal told one of the students that “Let’s Go Brandon” was the equivalent of the “f-word.” The school’s policy bans clothing that is “obscene” or “disruptive,” but the lawsuit argued that the catchphrase is a “nonprofane, nonvulgar political slogan used to express disapproval of President Joe Biden.”
“Criticism of the president is core political speech protected by the First Amendment,” said Conor Fitzpatrick, attorney for the Foundation for Individual Rights and Expression. “Whether it’s a Biden sticker, ‘Let’s Go Brandon’ sweatshirt or gay pride T-shirt, schools can’t pick and choose which political beliefs students can express.”
Four months later, students were permitted to wear pro-LGBTQ flags as capes on Field Day, during which dress rules are relaxed, while a student who wore a Trump flag was told to remove it. None of the flags caused disruptions, the lawsuit said.
“The incident is part of a pattern of political favoritism by the school district,” said the foundation.
“Let’s Go Brandon” became a catchphrase on the right after a crowd at an October 2021 NASCAR race began chanting “F—- Joe Biden.” An NBC sports reporter said on the air that the fans were chanting “Let’s go, Brandon,” referring to winning driver Brandon Brown.
At least four Republicans have used or displayed the phrase on the House floor since then, but none were censured or ruled out of order, the lawsuit said.
“The slogan exists as a way to express an anti-Biden message without using profanity,” said Mr. Fitzpatrick. “A public school district cannot censor speech just because it might cause someone to think about a swear word.”
Attorneys for the students and their families sent cease-and-desist orders to Tri County Area Schools in May 2022 calling on the school to allow the sweatshirts, but the district refused, citing its dress-code policy against profanity.
“The district prohibits clothing or styles of expression that are vulgar or profane,” said the district’s attorney, Kara T. Rozin, in the June 9 response. “The commonly known meaning of the slogan ‘Let’s Go Brandon’ is intended to ridicule the President with profanity.”
She said that the district “does not prohibit students from the right to express their political views or from wearing clothing with political slogans” but “prohibits language or clothing containing language that is offensive, vulgar or profane.”
Ms. Rozin warned that the district “will diligently pursue with equal vigor all legal recourses against frivolous litigation.”
The lawsuit, the first filed by the free-speech foundation on behalf of K-12 students, asked for a court order “blocking the school district’s viewpoint-discriminatory ban on ‘Let’s Go Brandon’ apparel.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.