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A federal appeals court ruled Tuesday in favor of a michigan Free speech and school district in controversy over “Let’s Go Brandon” shirts, clothing that took a dig at then-President Joe Biden,
The mother of two boys who received the shirts as Christmas gifts said her sons’ First Amendment rights were violated when they were asked to take off the shirts at Tri County Middle School in 2022. The 6th US Circuit Court of Appeals disagreed in a 2–1 opinion.
Judges John Nalbandian and Karen Nelson Moore said, “In school, obscenity trumps politics. And protections for political speech do not permit a student to use obscenity in school – even if that obscenity is hidden in signs or euphemisms.”
In 2021, an obscene chant directed at Biden was being chanted at a NASCAR race, although a TV sports reporter said it was “Let’s go, Brandon”. The line suddenly became popular among Biden’s conservative critics.
The school said it is not banning political messages, only obscene messages. There was evidence that some students wore clothing that read, “Make America Great Again” or had messages supporting the President donald trump,
Judge John Bush disagreed with the majority opinion and said the wrong legal standard was applied.
He said, “The phrase in question here is a euphemism for political criticism. It contains no sexual content, no graphic imagery and no actual profanity.” “To the extent that it implies an offensive phrase, it does so indirectly – by design.”