A federal appeals court ruled on Tuesday in favor of a Michigan school district regarding a free speech matter linked to “Let’s Go Brandon” merchandise that criticized then-President Joe Biden.
The mother of two boys who received the shirts as Christmas gifts argued that her sons’ First Amendment rights were infringed upon when they were instructed to remove the shirts at Tri County Middle School in 2022.
The 6th U.S. Circuit Court of Appeals came to a different conclusion, issuing a 2-1 decision.
Judges John Nalbandian and Karen Nelson Moore noted, “In the schoolhouse, vulgarity trumps politics. The safeguarding of political speech does not allow a student unrestricted use of vulgarity at school — even when that vulgarity is masked by innuendo or euphemism.”
This phrase gained traction in 2021 when an obscenity directed at Biden was chanted at a NASCAR event, but a TV sports announcer commented that the crowd was saying “Let’s Go, Brandon,” leading to its adoption by Biden’s conservative adversaries.
The school maintained that it was not banning political expressions, but rather prohibiting vulgar content.
It was noted that certain students donned apparel featuring messages like “Make America Great Again” or expressing support for former President Donald Trump.
Start your day with all the latest updates
Morning Report offers the current news, videos, photos, and more.
Thank you for subscribing!
Judge John Bush expressed dissent regarding the majority’s ruling, arguing that an incorrect legal standard was used.
He stated, “The phrase in question serves as a euphemism for political critique. It carries no sexual connotation, no graphic visuals, and no genuine profanity. To the extent that it suggests something offensive, it does so indirectly — purposefully.”
