Can a “schoolyard dispute” warrant federal court intervention? Do first-graders have First Amendment rights? The U.S. Court of Appeals for the 9th Circuit just gave a resounding yes to both questions.
The case centers on a first-grader identified in court documents as B.B. After her teacher read a story about Martin Luther King Jr., B.B. drew a picture of her and her multiracial friend group. “Black Lives Mater [sic] any life,” it said. Sweet, right?
Apparently not to the administrators at Viejo Elementary School in California’s Capistrano Unified School District. The school’s principal, Jesus Becerra, spoke with B.B. about her drawing, allegedly telling her that it was inappropriate. According to B.B., she was also barred from recess for two weeks.
B.B.’s mother, Chelsea Boyle, sued, alleging that her daughter’s First Amendment rights had been violated.
A federal district court sided with the school and Becerra, holding that B.B.’s drawing was not protected by the First Amendment. “This schoolyard dispute—like most—does not warrant federal court intervention,” wrote U.S. District Judge David O. Carter in the court’s 2024 opinion.
Now, the 9th Circuit has weighed in and reversed course. “We hold that elementary students’ speech is protected by the First Amendment,” the appeals court ruled, vacating the lower court’s decision and sending the case back for reconsideration.
“Schools may restrict students’ speech only when the restriction is reasonably necessary to protect the safety and well-being of its students,” the 9th Circuit judges wrote.
Hellbound and Down 