California appeals court sides with student punished for writing ‘any life’ below Black Lives Matter sketch

A California appeals court has sided with a young student who created artwork featuring the phrase “any life” and included thumbprints from her classmates beneath “Black Lives Matter” during a school activity. This artwork led to her being disciplined, a decision now overturned by the appeals court.

Initially, a lower court had supported the actions of Jesus Becerra, the principal of Viejo Elementary School in Mission Viejo, California.

In 2021, a student referred to as “B.B.” in legal documents, who is white, crafted the drawing and presented it to a black peer, “M.C.,” following a classroom session about the Reverend Martin Luther King Jr.

The situation escalated after M.C. took the picture home, prompting M.C.’s mother to express her concerns to the school. Chelsea Boyle, B.B.’s mother, claimed that Principal Becerra labeled the drawing as racist, compelled B.B. to apologize, and restricted her from participating in recess for two weeks.


Child's drawing on white paper that says "Black Lives Mater any life" with four colored ovals underneath, held by a hand.
B.B.’s drawing, which says “Black Lives Matter, any lives.” U.S. Court of Appeals for the 9th Circuit,

In response, Boyle initiated legal action against the school, asserting that B.B.’s First Amendment rights had been violated.

The lower court, however, had previously ruled against this claim, stating that the drawing did not constitute protected speech and that it infringed upon the black student’s right to personal privacy.

But the higher court, using the landmark Tinker v. Des Moines Independent Community School District case that established that high school students have the right to protest the Vietnam War, decided to vacate the decision.

“This case presents an important issue: to what extent is elementary students’ speech protected by the First Amendment?” the three-judge panel wrote in a per curiam opinion.

“Applying the criteria set forth in Tinker v. Des Moines Independent Community School District , we hold that elementary students’ speech is protected by the First Amendment, the age of the students is a relevant factor under Tinker , and schools may restrict students’ speech only when the restriction is reasonably necessary to protect the safety and well-being of its students. Because the Tinker analysis raises genuine issues of material fact, we vacate the grant of summary judgment and remand,” they added.

The lower court judge, U.S. District Judge David Carter, a Bill Clinton appointee, argued that age was a factor in his decision.

“Thus, the downsides of regulating speech there is not as significant as it is in high schools, where students are approaching voting age and controversial speech could spark conducive conversation,” Carter wrote.


The US Ninth Court of Appeals building, a large, ornate building made of light-colored stone, seen from a street corner in San Francisco.
The Ninth Court of Appeals. AP

But the higher court said age is a relevant but “non-dispositive” factor.

“Disagreeing with the district court’s determination that the drawing was not protected by the First Amendment, the panel held that elementary students’ speech is protected by the First Amendment, Tinker applies in the elementary student speech context, and elementary students’ young age is a relevant, but non-dispositive, factor,” the panel wrote.

Boyle celebrated the higher court’s decision.

“This isn’t just a win for my daughter. It strengthens constitutional protections for students across the country,” she wrote in an Instagram post.

“Turns out…The Constitution doesn’t have an age limit,” she added.

Her attorneys followed suit.

“Today’s ruling affirms what should be obvious: Students don’t lose their constitutional rights just because they’re young,” Caleb Trotter, senior attorney at Pacific Legal Foundation, said in a release published online. “The Constitution protects every student’s right to free expression. No child should be punished for expressing a well-intentioned message to a friend.”

The case will now go back to the U.S. District Court for the Central District of California, per Courthouse News.

You May Also Like

Maniac beats man to death with two-by-four in Queens park: sources

Queens Park Horror: Man Fatally Beaten With Two-by-Four, Sources Say

A 53-year-old man was fatally attacked with a two-by-four inside a Queens…
Data shows Amazon jet’s key braking systems did not deploy during deadly Miami crash: NTSB

NTSB: Amazon Jet Brakes Didn’t Deploy in Deadly Miami Crash

Federal investigators said Tuesday that crucial braking mechanisms appear not to have…
One killed after out-of-control Tesla smashes into NYC scaffolding

One Dead After Tesla Slams Into NYC Scaffolding

A 27-year-old woman died early Wednesday after the Tesla she was riding…
Lindsay Clancy juror was Karen Read super-fan, resurfaced social posts reveal

Lindsay Clancy Juror’s Karen Read Fandom Exposed in Resurfaced Posts

A woman who served on the jury that declined to find Lindsay…
Philippines defense chief calls out China after note interrupts remarks at Seoul forum: 'Coercion, bullying'

Philippines Defense Chief Slams China’s Bullying at Seoul Forum

Philippine Defense Secretary Gilberto C. Teodoro sharply criticized China on Tuesday after…
US forces obliterate suspected 'narco-terrorist' vessel in lethal Eastern Pacific strike, killing 3

US Strike Destroys Suspected Narco-Terror Boat, Killing 3

A suspected drug-smuggling boat was destroyed Wednesday in a deadly U.S. military…
Teen rescued alive clinging to fishing boat, 2 others found dead in Bering Sea off Alaska

Teen Rescued Alive in Bering Sea, 2 Found Dead Off Alaska

A fishing trip in the Bering Sea ended in tragedy off Alaska…
Ohio man who was living in squalor with his 16 grandchildren declared mentally incompetent to stand trial

Ohio Grandfather in Squalor Case Ruled Unfit to Stand Trial

A grandfather whose 16 grandchildren were discovered living in squalid conditions inside…
Lindsay Clancy juror who backed the defense also publicly cheered Karen Read's acquittal

Lindsay Clancy Juror Backed Defense, Cheered Karen Read Acquittal

A woman reportedly identified as a juror in the Lindsay Clancy murder…
SF city workers to receive raises despite projected $450M deficit

San Francisco City Workers Set for Raises Despite Projected $450 Million Budget Deficit

A large share of San Francisco’s municipal workforce is poised to receive…
Britain’s dramatic crackdown on Israeli settlements sparks fierce response as US blowback looms

UK Crackdown on Israeli Settlements Sparks Fury, US Backlash

The United Kingdom announced a broad package of new restrictions on Tuesday…
Underwater NorCal lake cleanup turns up slew of surprising discoveries

Underwater Cleanup at Northern California Lake Uncovers Trove of Surprising Finds

For years, one of the Eastern Sierra’s most scenic lakes concealed an…