Case could decide if elementary students entitled to First Amendment protections

Conservative groups are rallying in support of a lawsuit against a California school district who punished a first grader for drawing a picture with the words, “Black Lives mater [sic]…any life.” A brief contends, “[w]ithout robust First Amendment protections, students, teachers and administrators are compelled to think and speak in compliance with a prescribed orthodoxy on racial and social justice issues, lest they risk punishment, even termination.”  (California Policy Center, July 23, 2024)

The case is now before the Ninth Circuit U.S. Court of Appeals, after a district court dismissed the case, ruling according to precedent that younger students do not enjoy First Amendment rights. (Liberty Justice Center, July 24, 2024)

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