US appeals court backs Michigan school in banning ‘Let’s Go Brandon’ shirts: Here’s why vulgarity matters more than politics
A federal appeals court has ruled in favour of a Michigan school district that banned students from wearing ‘Let’s Go Brandon’ shirts, rejecting claims that the policy violated the First Amendment. The dispute centred around a phrase that originated as a euphemism for an obscenity aimed at President Joe Biden but became widely used by his critics.The ruling, issued by the 6th US Circuit Court of Appeals, came after two boys were told to remove the shirts at Tri County Middle School in 2022. Their mother argued that her sons’ free speech rights were infringed. However, the court’s 2-1 decision sided with the school, which maintained it was addressing vulgar language, not political messages.Court focuses on vulgarity over political expressionJudges John Nalbandian and Karen Nelson Moore emphasised the importance of maintaining decorum within the school environment. They stated, as quoted by the Associated Press, “In the schoolhouse, vulgarity trumps politics. And the protection for political speech doesn’t give a student carte blanche to use vulgarity at school — even when that vulgarity is cloaked in innuendo or euphemism.”The school clarified that it did not prohibit political statements generally, noting that some students wore shirts supporting President Trump or displaying “Make America Great Again” slogans without issue. The case hinged on whether the ‘Let’s Go Brandon’ phrase constituted protected political speech or inappropriate language.Background of the phrase and legal disagreementThe phrase ‘Let’s Go Brandon’ originated in 2021 during a NASCAR race, when a reporter misinterpreted a crowd chant containing a vulgar insult directed at President Biden. Since then, it has been adopted as a coded way to express criticism without using explicit language.Judge John Bush dissented from the majority opinion, arguing that the phrase was a euphemism for political criticism and did not contain any sexual content or direct profanity. He stated, as quoted by the Associated Press, “To the extent that it implies an offensive phrase, it does so obliquely — by design.” Bush contended the court applied the wrong legal standard in supporting the school’s ban.The appeals court’s decision highlights the continuing tension between free speech rights and maintaining respectful conduct in educational settings. The ruling upholds the school’s authority to limit clothing considered vulgar, even when it carries a political message.The Tri County Middle School district’s policy and the court’s ruling underscore the challenge schools face in balancing students’ constitutional rights with a safe and respectful learning environment.
