A California judge has ruled in favor of a school district that punished a first-grader for including the phrase "any life" on a "Black Lives Matter" drawing, finding the punishment permissible due to the students' young age. The decision has raised concerns about the erosion of free speech rights in schools and the potential implications for future cases involving controversial topics.
The case stems from an incident at Viejo Elementary School in 2021, where a first-grader known as B.B. gave a drawing to her friend depicting the words "Black Lives Matter" alongside four round shapes in various shades of brown, beige, and yellow representing her and her friends. The drawing also included the phrase "any life."
When the friend's mother saw the drawing, she complained to the school, leading to B.B.'s punishment. The principal, Jesus Becerra, allegedly confronted B.B., calling the drawing "inappropriate" and "racist." B.B. was subsequently banned from drawing pictures at school, forced to issue a public apology, and prohibited from recess for two weeks.
First Amendment Rights of Young Students at Stake in Black Lives Matter Drawing Case
B.B.'s mother, Chelsea Boyle, filed a lawsuit against the Capistrano Unified School District (CUSD) in 2023, arguing that the punishment violated her daughter's First Amendment rights. Boyle claimed she was unaware of the incident until another parent informed her, and her daughter had been hesitant to tell her out of fear of getting into more trouble.
In his ruling, U.S. Central District Court Judge David Carter acknowledged B.B.'s good intentions but concluded that the drawing was not protected by the First Amendment. Carter cited the students' young age and the potential for disruption from such messages.
First Amendment Rights of Young Students at Stake in Black Lives Matter Drawing Case
"Younger students may be more sensitive than older students, so their educational experience may be more affected when they receive messages based on a protected characteristic," Carter wrote. "Relatedly, first graders are impressionable. If other students join in on the insults, the disruption could metastasize, affecting the learning opportunities of even more students."
However, Caleb R. Trotter, the attorney representing the Boyles, argued that the punishment was excessive and unconstitutional. "There is a concern over whether perhaps future courts or even future school districts would look to that and say, ‘Well, this one school district got away with it, so we can too,’" Trotter said.
First Amendment Rights of Young Students at Stake in Black Lives Matter Drawing Case
Trotter also questioned the school's decision to introduce such controversial topics to first-graders in the first place. "To turn around and punish her because she strayed from the current racial ideology view from one side of the debate, it's really just unconscionable," he said.
The California judge's ruling has drawn criticism from some quarters, who argue that it gives schools too much power to suppress speech they deem inappropriate. Pacific Legal Foundation, the organization representing the Boyles, maintains that the ruling violates B.B.'s First Amendment rights and sets a dangerous precedent.
First Amendment Rights of Young Students at Stake in Black Lives Matter Drawing Case
"It can't really be squared with the Supreme Court precedent at all," Trotter said. "It's maddening and, fortunately for Chelsea and B.B., it's also unconstitutional."
Boyle herself has expressed concerns about the lasting impact of the incident on her daughter. "She has had severe anxiety and panic attacks that have been debilitating and it's continued," she said. "I have been contacted by numerous families within that district and all over the country that these same sort of things have happened to them, which has pushed me along to continue this fight."
The case is now headed to the Ninth Circuit Court of Appeals. The outcome of the appeal could have broader implications for the First Amendment rights of young students and the role of schools in addressing controversial topics.
