A federal appeals court has just ruled that students can be banned from wearing “Let’s Go Brandon” sweatshirts, handing school administrators sweeping power to silence conservative voices under the guise of “vulgarity”—a shocking blow to free speech and political expression in American schools.
Story Highlights
- The Sixth Circuit Court of Appeals upheld a Michigan school’s decision to ban apparel featuring the phrase “Let’s Go Brandon,” ruling the language “plainly vulgar.”
- The decision centers on interpreting the boundary between political speech and speech considered offensive or disruptive under school authority.
- The ruling grants judicial deference to school officials in censoring euphemistic language that carries an underlying vulgar meaning.
- The outcome has prompted discussion among legal experts regarding the scope of the First Amendment in K-12 education.
Federal Court Decision Upholds School Authority Over Student Speech
On October 14, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a divided opinion affirming the decision by Tri County Middle School to prohibit students from wearing sweatshirts inscribed with the phrase “Let’s Go Brandon.” The court’s majority held that the phrase, commonly understood as a coded insult directed at President Biden, was “plainly vulgar” and therefore subject to regulation under the school’s dress code.
The controversy originated in 2022, when two Michigan students were instructed to remove the sweatshirts. The ensuing federal court case challenged the school’s action as a violation of their First Amendment rights. The appellate court ultimately sided with the school, citing a dress code that specifically prohibits attire with lewd, indecent, or profane messages. The ruling establishes that the court accepts the school’s determination that the underlying meaning of the phrase constitutes vulgarity, even without explicit profanity.
🚨A federal appeals court upheld a Michigan school's ban on "Let's Go Brandon" shirts, ruling against two students and their mother in a free speech case. The Sixth Circuit Court decided 2-1 that the school's 2022 order was valid, prioritizing the prohibition of vulgarity in… pic.twitter.com/PjonRxFVz2
— Chris Boyle (@heyChrisBoyle) October 15, 2025
Judicial Deference and Debate Over Free Expression
The court’s majority opinion relied heavily on the precedent set in Bethel v. Fraser (1986), which grants deference to school administrators to prohibit student speech deemed vulgar or offensive. The judges determined that euphemisms for vulgarity, such as “Let’s Go Brandon,” fall within the school’s regulatory power if they are found to convey an underlying offensive meaning to the student body or community. This interpretation expands the authority of school districts to regulate coded political expression.
Dissenting Judge John Bush argued publicly that the phrase represents political speech, not obscenity, and warned that equating euphemism with explicit profanity undermines the function of schools as environments for civic learning and debate. Free speech advocates, including organizations like FIRE, have echoed these concerns, suggesting the ruling may limit students’ ability to express political viewpoints, particularly those that challenge prevailing narratives.
Broader Implications for Constitutional Rights and School Policy
The Sixth Circuit’s decision reinforces the authority of school administrators in the jurisdictions it covers (Kentucky, Michigan, Ohio, and Tennessee) to ban apparel with euphemistic political messages based on administrative judgments of vulgarity. Legal scholars contend that by focusing on the underlying meaning of the coded phrase, the court has granted schools expanded power to regulate student speech, potentially narrowing the scope of First Amendment protections in K-12 settings.
The ruling has prompted discussion among families and legal organizations regarding the necessary vigilance to protect constitutional rights against broad interpretation of school regulatory authority. The outcome highlights the tension between maintaining an orderly educational environment and ensuring robust political expression for students.
A federal court upheld a Michigan school’s ban on ‘Let’s Go Brandon’ sweatshirts, rejecting students’ free speech claims.https://t.co/cSeuxIB9Zr
— reason (@reason) October 28, 2025
Sources:
School may prohibit “Let’s Go Brandon” sweatshirt, Sixth Circuit holds
Appeals court backs Mich. school in banning ‘Let’s Go Brandon’ shirts
The 6th Circuit Upholds a School’s Sweatshirt Censorship Because ‘Let’s Go Brandon’ Is ‘Plainly Vulgar’
B.A. v. Tri County Area Schools (official opinion)
Appeals Court Backs School Administrators Who Banned ‘Let’s Go Brandon’ Shirts
