Have you ever thought that America has a bit of a problem with overly litigious or sensitive people? If so, you might find this story about a first grader caught up in a lawsuit over a drawing to be, well, wild yet a bit silly.
Back in 2021, a girl named “B.B.” was a first grader at Viejo Elementary School in Southern California. After a lesson about Martin Luther King Jr., B.B. created a drawing depicting “all her friends holding hands.” She expressed that she “felt bad” about the unfair treatment of “black people.” The drawing allegedly included a message that read “Black Lives Mater [sic] any life.”
She gave her drawing to a black classmate, “M.C.,” who thanked her for it. M.C. then took it home to her mother, who became “concerned” since M.C. was the only black student in the class.
The next day, M.C.’s mother sent an email to the school principal, Jesus Becerra, urging the school to take action. The email stated that they would not tolerate “any more messages given to our daughter because of her skin color,” and she emphasized that they didn’t send M.C. to school for “flyers or propaganda.”
Although Becerra denied it, the plaintiffs alleged that he told B.B. her drawing was “not appropriate” and “racist,” advising her to stop sharing her artwork with others. B.B. was reportedly banned from recess for two weeks and had to apologize to M.C.
Surprisingly, B.B. kept the situation from her parents until eleven months later, when her mother discovered the punishments. This prompted her to file a complaint with the school district, which denied any wrongdoing and disciplined B.B. again.
Eventually, B.B.’s mother turned to federal court, claiming the punishment had violated her daughter’s First Amendment rights.
The details of this incident are perplexingly absurd. It’s a relief they filed a lawsuit, but the fact that it resulted from such an innocent exchange between two kids is truly baffling.
In a significant decision for the plaintiff, a three-judge panel from the Ninth Circuit Court of Appeals ruled that elementary school students do indeed have First Amendment protections.
They stated, “We hold that elementary students’ speech is protected by the First Amendment… and schools may restrict students’ speech only when it is reasonably necessary to protect the safety and well-being of its students.” This reference to the 1969 Supreme Court case, Tinker v. Des Moines Independent Community School District, emphasizes the importance of student rights.
The ruling overturned a district court’s decision, which claimed school administrators had unchecked authority to discipline student speech, as according to the Pacific Legal Foundation, the pro-bono organization backing B.B. Now, the appellate court has sent the case back for further proceedings.
Caleb Trotter, a senior attorney at Pacific Legal Foundation, remarked that the ruling reaffirms a fundamental truth: Students don’t lose their constitutional rights just by being young. “The Constitution protects every student’s right to free expression. No child should be punished for expressing a well-intentioned message to a friend,” he said.
