The Buckeye Institute filed an amicus brief on Apr. 30 in the U.S. Supreme Court case D.A. v. Tri County Area Schools, urging the court to recognize that students’ political speech, including wearing a ‘Let’s Go Brandon’ shirt, is protected by the First Amendment.
The case raises questions about free expression rights for students and whether schools can restrict political messages on clothing when they do not contain profanity or disrupt learning. The Buckeye Institute argued that allowing restrictions could suppress student political speech and give school administrators broad power to censor viewpoints they disagree with.
David C. Tryon, director of litigation at The Buckeye Institute, said, “The petitioners’ choice of attire, fashionable or not, clearly conveyed a political message without using profanity and is therefore protected by the First Amendment of the U.S. Constitution.” He continued: “As the U.S. Supreme Court said in its landmark 1969 Tinker decision, neither students nor teachers ‘shed their constitutional rights to freedom of speech or expression at the schoolhouse gate…’”
In its filing, The Buckeye Institute contended that a student’s choice to wear such a shirt does not represent school speech nor use vulgar language; it also does not promote illegal drug use or cause disruption—criteria set by previous Supreme Court rulings for regulating student expression.
According to the official website, The Buckeye Institute depends on private funding from individuals, corporations, and foundations and operates as a nonprofit under section 501(c)(3) of the Internal Revenue Code. The organization has offices on Capitol Square in Columbus, Ohio and focuses primarily on Ohio while promoting free-market ideas nationally through research and policy development. According to its official website, it supports policymakers with data analysis aimed at advancing free-market principles.
The Foundation for Individual Rights and Expression represents the students involved in this case.
