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Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
The 9th Circuit revived a First Amendment suit for a first grader punished over a Black Lives Matter drawing, affirming elementary students' speech rights under the Tinker test.
- On March 10, 2026, the U.S. Court of Appeals for the Ninth Circuit unanimously vacated the district court's summary judgment and remanded the case to the U.S. District Court for the Central District of California.
- After a March 2021 lesson on Martin Luther King Jr., B.B. drew a picture for M.C., prompting principal Jesus Becerra to discipline her, leading to a lawsuit in 2023.
- The panel wrote that elementary students' speech is protected by the First Amendment and that student age is a relevant factor under Tinker, with school officials' burden to show restrictions were reasonably necessary.
- Genuine factual disputes remain about punishment and disruption as the court found conflicting evidence on whether B.B. was punished with a recess suspension and if her drawing invaded M.C.'s rights.
- With the appeals court's decision, advocates say the case raises a key policy question about the extent of elementary students' First Amendment protections and could influence school discipline policies nationwide.
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Pasadena Appellate Panel Rules Elementary Schoolers Have Free Speech Rights
PASADENA, Calif. (KESQ) - A federal appeals court in Pasadena has ruled that elementary students have First Amendment free-speech rights in school, reviving the lawsuit of a first-grader who alleges she was punished for giving a drawing referencing the Black Lives Matter movement, and suggesting that ``any life'' matters, to a Black classmate, according to court papers obtained today. A unanimous three-judge panel of the U.S. 9th Court of Appeal…
First Grade student disciplined over Black Lives Matter drawing does have free speech rights, court rules
First Amendment protections for elementary students were upheld by a federal appeals court in case involving first-grader allegedly punished for Black Lives Matter drawing.
·New York, United States
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Total News Sources19
Leaning Left1Leaning Right10Center5Last UpdatedBias Distribution63% Right
Bias Distribution
- 63% of the sources lean Right
63% Right
C 31%
R 63%
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