Let's Go Brandon sign on a home.

Remember Joe Biden?

Don’t worry. It took me a second, too.

I conjure the former president because he inadvertently relates to an important free speech case.

In 2022, two middle school students at a western Michigan public school district showed up to class wearing sweatshirts with the phrase “Let’s Go Brandon.” The students opposed Biden and wanted to quietly express their political views – without disrupting the school day.

However, staff at the Tri County Area Schools building asked the students to remove their “offensive” apparel. As you may recall, “Let’s Go Brandon” became a rallying cry for opposing Biden after a TV interviewer allegedly misheard a NASCAR crowd chanting “F--- Joe Biden” for “Let’s go, Brandon.”

The phrase took on a life of its own after that, and Biden even leaned into the “Dark Brandon” persona.

The fact that the students were not allowed to wear their sweatshirts (Christmas gifts from their mom) was a blatant case of unconstitutional viewpoint discrimination, according to the Foundation for Individual Rights and Expression (FIRE), which sued the school district in 2023 on behalf of the students and their parents.

Earlier this month, a divided panel of the 6th U.S. Circuit Court of Appeals ruled that the public school did not violate the First Amendment in this case because it dealt with “profanity.”

FIRE is disappointed with the decision but is planning to appeal for en banc review by the full appeals court.

A euphemism for profanity is not the same thing as profanity

In his dissent, Judge John Bush wrote: “ ‘Let’s Go Brandon!’ – regardless its origin – has evolved into a widely recognized political slogan used to express opposition to a now-former president. It is not vulgar on its face (and) has become a political hallmark entitled to First Amendment protection.”

Unfortunately, the majority disagreed, allowing public school administrators to censor political speech they can claim is “vulgar.”

“The majority held that no matter how careful teenagers are to express their political opinions in a non-profane, school-appropriate way, schools may censor them if their expression might cause someone to think about a swear word,” Conor Fitzpatrick, FIRE’s lead attorney on the case, said in a statement via email. “America’s students are not so fragile, and the First Amendment is not so brittle.”

It’s not the first time this school district has opposed a pro-Donald Trump viewpoint. The original lawsuit describes an incident during a school field day in which one student wore a Trump flag as a cape. He was told to remove it, while other students continued wearing LGBTQ+ pride flags.

Doesn’t seem quite fair.

Another Michigan district didn't tell parents about their daughter's gender identity change

While the staff at the Tri County district thinks “Let’s Go Brandon” is too offensive for its students, a nearby Michigan school district has been sued for something else.

A middle school student at the Rockford Public School District was allowed to “change” her pronouns at school – and school officials purposefully hid this important development from her parents, Dan and Jennifer Mead. School employees had treated their daughter as a boy, referring to her by male pronouns and even a different name.

The couple withdrew their daughter in 2022 after they discovered what was going on. However, with the help of the Alliance Defending Freedom, they are suing the district to defend their constitutional parental rights. That case is still ongoing.

Districts around the country are allowing children to make such transformational decisions without parental knowledge. In 2024, California (of course) became the first state to prevent school districts from requiring teachers and staff to alert parents to students’ gender identity changes or sexual orientation – unless the child gives permission, because children always know best.

If public school administrators believe young students are smart enough to change their gender without their parents’ knowledge, then surely these same children can understand the difference between actual profanity and other unacceptable language – and a valid political message.

In a court filing, FIRE quotes from a 1969 Supreme Court decision that upheld nondisruptive, political speech in K-12 public schools: “The Supreme Court recognized that protecting free speech is not just the rule, it is ‘the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society.’ ”

It’s vital for any democracy that young people learn how to accept – and discuss – differing political viewpoints.

Our country’s public schools should not stand in the way.

Ingrid Jacques is a columnist at USA TODAY. Contact her at ijacques@usatoday.com or on X: @Ingrid_Jacques

This article originally appeared on USA TODAY: Schools let kids change genders but not mock Biden? That doesn't make sense. | Opinion

Reporting by Ingrid Jacques, USA TODAY / USA TODAY

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