The Buckeye Institute has filed an amicus brief in the case of B.A. v. Tri County Area Schools, urging the U.S. Court of Appeals for the Sixth Circuit to rehear the case en banc. The organization is asking the full court to overturn a previous decision by a three-judge panel and affirm that students’ political speech, including wearing a “Let’s Go Brandon” shirt, is protected under the First Amendment.
David C. Tryon, director of litigation at The Buckeye Institute, stated, “The First Amendment was written to protect political speech first and foremost. But if the three-judge panel’s misguided decision is allowed to stand, it will stifle the political speech of students in Kentucky, Michigan, Ohio, and Tennessee, and give principals and administrators near carte blanche authority to censor speech they don’t like.”
In its filing, The Buckeye Institute contends that an en banc review is necessary due to what it describes as a “precedent-setting error” regarding student political speech rights. The organization argues that wearing a “Let’s Go Brandon” shirt does not constitute school-sponsored speech, contains no vulgar language, and does not promote illegal drug use—criteria established by the U.S. Supreme Court for when schools may regulate student expression.
