Two brothers, D.A. and X.A., attended a public middle school in Michigan. Both wanted to wear sweatshirts saying “Let’s Go Brandon,” a slogan commonly used to criticize President Joe Biden but also widely understood as a substitute for a profane anti-Biden chant. School officials told the students to remove the sweatshirts because the school dress code prohibited vulgar or profane messages.

The students argued that the shirts expressed a political viewpoint and therefore deserved strong First Amendment protection. They also noted that other political clothing was allowed at school. The school responded that it was not banning criticism of a president or a political party; it was enforcing a rule against vulgar messages.

The Sixth Circuit sided with the school. It held that administrators reasonably understood “Let’s Go Brandon” as carrying a vulgar meaning. Under Bethel School District No. 403 v. Fraser, public schools have more authority to restrict vulgar or lewd speech that occurs at school, and they do not need to prove a substantial disruption under Tinker when that exception applies. The court concluded that the political character of the slogan did not prevent the school from enforcing its vulgarity rule.

The case shows that political speech at school can still be restricted when a court concludes that the message also falls within one of the special categories of student speech that schools may regulate, such as vulgar on-campus expression.