Today, two students represented by the Foundation for Individual Rights and Expression sued their Michigan school district for viewpoint discrimination after they were forbidden from wearing apparel critical of President Joe Biden.

“Criticism of the president is core political speech protected by the First Amendment,” said FIRE attorney Conor Fitzpatrick. “Whether it’s a Biden sticker, ‘Let’s Go Brandon’ sweatshirt, or gay pride T-shirt, schools can’t pick and choose which political beliefs students can express.”

In Feb. 2022, two Tri County Middle School students wore sweatshirts to school with the phrase “Let’s Go Brandon,” a political slogan critical of President Biden with origins in a more profane chant. Even though the political slogan is widely used — multiple members of Congress used it during floor speeches — an assistant principal and a teacher ordered the boys to remove the sweatshirts. However, administrators allowed students to wear apparel with other political messages, including gay-pride-themed hoodies.

[Their lawyers should get the checkbooks ready. This is classic viewpoint censorship of a kind that courts will routinely rebuke. Schools can impose a no-politics zone, at least theoretically, but they cannot censor based on viewpoint — not even regarding profanity, but “Let’s Go Brandon” does not have any profane elements, even if it refers to a more profane message. Let’s Go Settlement! — Ed]