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

Florida Mom Accused of Faking Autistic Daughter's Disappearance

Florida Mom Accused of Faking Autistic Daughter’s Disappearance

A Florida mother allegedly filed a false missing-person report Monday, claiming her…
Chicago Bears Bring Sold-Out Fan Fest to McHenry Outdoor Theater in Lakemoor

Chicago Bears Bring Sold-Out Fan Fest to McHenry Outdoor Theater in Lakemoor

LAKEMOOR, Ill. () — The Chicago Bears took their show on the…
Utility Worker ‘Brothers’ of Road Rage Victim Face Hedge Fund Driver Indicted in Murder Case

Utility Worker ‘Brothers’ of Road Rage Victim Face Hedge Fund Driver Indicted in Murder Case

Dozens of Con Edison employees appeared at court Tuesday as the man…
Anthropic’s 93-Page IPO Risk List Shows What Could Go Wrong

Anthropic’s 93-Page IPO Risk List Shows What Could Go Wrong

When Anthropic filed for its highly anticipated initial public offering on Monday,…
Venezuelan Migrant Killed by FBI in Chicago Was Released Under Biden

Venezuelan Migrant Killed by FBI in Chicago Was Released Under Biden

A Venezuelan migrant who was fatally shot Monday night by an off-duty…
Escaped Tennessee Killer’s Abandoned Truck May Reveal Next Moves, Retired FBI Agent Says

Escaped Tennessee Killer’s Abandoned Truck May Reveal Next Moves, Retired FBI Agent Says

The abandoned pickup truck used by a convicted murderer who escaped from…
Married Lawmaker, 53, Calls Unsolicited Nudes ‘Youthful Indiscretions’

Married Lawmaker, 53, Calls Unsolicited Nudes ‘Youthful Indiscretions’

A married Tennessee state senator running for Congress has acknowledged sending unsolicited…
Grand Jury Declines to Indict Former Trump Aide Cassidy Hutchinson

Grand Jury Declines to Indict Former Trump Aide Cassidy Hutchinson

The Justice Department on Tuesday failed to obtain a grand jury indictment…
Netanyahu Gains Ground as Israeli Election Heads Toward Political Deadlock

Netanyahu Gains Ground as Israeli Election Heads Toward Political Deadlock

Updated Israeli exit polls early Wednesday showed Prime Minister Benjamin Netanyahu narrowing…
Truck Stolen by Escaped Tennessee Murderer Found in Illinois

Truck Stolen by Escaped Tennessee Murderer Found in Illinois

Authorities said an escaped Tennessee inmate convicted of murder stole a truck…
LA Probe: Teachers Created Hostile Climate for Jewish, Israeli Students

LA Probe: Teachers Created Hostile Climate for Jewish, Israeli Students

Three teachers wearing keffiyehs at a Los Angeles high school used dance…
Cuban Official Accused of Shoving US Diplomat to Be Expelled

Cuban Official Accused of Shoving US Diplomat to Be Expelled

A Cuban official accused of shoving and attempting to assault an American…