FIRE plans appeal to Supreme Court after loss in ‘Let’s Go Brandon’ case

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(The Center Square) – This week, the U.S. Court of Appeals for the Sixth Circuit ruled against two Michigan brothers for wearing “Let’s Go Brandon” apparel to school.

The Foundation for Individual Rights and Expression, a national nonprofit that defends free speech, is representing the two students in court. They argue the school’s restriction of the apparel was a violation of First Amendment rights.

On Tuesday, the court sided with the school in a 2-1 decision. FIRE said it is disappointed in the ruling and that it plans to appeal that decision.

“The majority held that no matter how careful teenagers are to express their political opinions in a non-profane, school-appropriate way, schools may censor them if their expression might cause someone to think about a swear word,” Conor Fitzpatrick, the lead FIRE attorney on the case. “America’s students are not so fragile, and the First Amendment is not so brittle.”

FIRE first sued Tri County Area Schools, in mid-Michigan, in 2023 after school administrators ordered the boys to remove sweatshirts bearing the phrase “Let’s Go Brandon.” The phrase became a popular euphemism for “F*** Joe Biden.”

After a Michigan federal judge ruled against the students in 2024, arguing the sweatshirts did convey a profane meaning, FIRE appealed. They have now lost that first appeal.

Previously, precedent has determined that students do not lose their free speech rights when they enter school, particularly political speech, as long as it does not disrupt school activities. That said, they are allowed to restrict “lewd, indecent, or offensive speech.”

FIRE argues this instance does not fall into that category. Judge John K. Bush, the one dissenting vote in the Sixth Circuit’s decision, agreed.

“‘Let’s Go Brandon!’ – regardless its origin – has evolved into a widely recognized political slogan used to express opposition to a now-former president,” Bush said in his dissent. “It is not vulgar on its face … [and] has become a political hallmark entitled to First Amendment protection.”

The majority disagreed, arguing the school did not violate the students’ right to freedom of speech.

“The school could reasonably prohibit the sweatshirts since they were vulgar speech,” the majority opinion said. “Because the school reasonably understood the slogan ‘Let’s Go Brandon’ to be vulgar, we affirm.”

FIRE said this ruling now gives school administrators “unchecked authority” to censor student’s political speech. If FIRE appeals, as it said it would, the case would go to the U.S. Supreme Court for consideration.