The Buckeye Institute has submitted an amicus brief to the U.S. Court of Appeals for the Sixth Circuit in the case of B.A. v. Tri County Area Schools. The organization is urging the court to affirm that students’ political speech, such as wearing a “Let’s Go Brandon” t-shirt, is safeguarded by the First Amendment.
Robert Alt, president and CEO of The Buckeye Institute, stated, “Although the phrase on the sweatshirts worn by these two students may offend some people, it does so not because the statement itself is profane but because it indisputably expresses a political opinion, which is protected by the First Amendment of the U.S Constitution.” He referenced a landmark 1969 Supreme Court decision (Tinker v. Des Moines Independent Community School District), emphasizing that neither students nor teachers lose their constitutional rights to free speech at school.
The Buckeye Institute’s brief contends that wearing a “Let’s Go Brandon” t-shirt does not equate to speech representing the school and does not fall under categories where schools can regulate student expression: vulgarity, promotion of illegal drug use, or representation of school-sponsored speech.
Bradley A. Smith, chairman of The Buckeye Institute’s Board of Trustees and former FEC chairman, remarked on this matter: “Government cannot punish speech—as the school did in this case—for any reason that does not fall within one of the Supreme Court’s approved exceptions.” He further asserted that the attire choice conveyed a political message without profanity and thus remains protected under First Amendment rights.
