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

Teens Caught on Video Vandalizing Golf Course Greens in Risky Incident, Authorities Report

Authorities in Florida are on the hunt for a group of teenagers…

Experience the Profound Impact of That Day

On Monday, a solemn tribute unfolded at a Long Island education center…

Texas School Behavioral Specialist Allegedly Involved in Incident Leading to Death of 16-Year-Old Student with Autism, According to Records

In Harris County, Texas, a school behavior specialist is facing charges for…

JetBlue Makes Triumphant Return to Charlotte Airport: Offering Exclusive Rescue Fares for Spirit Passengers

JetBlue has made a notable return to Charlotte Douglas International Airport, marking…

Pregnant LA Mom’s Terrifying Zombie Encounter Sparks New Voting Perspective

As the competition for the mayoral position in Los Angeles intensifies, a…

Discover Why 61 Candidates, Including a Surprising Name, Are on Your Governor’s Ballot

Californians have started receiving mail-in ballots, but many are finding themselves puzzled…

Lake City Daycare Employee Arrested for Child Abuse Following Infant’s Hospitalization

Authorities report that video evidence captured Alyssa Thompson, aged 30, engaging in…

Historic Broadway Theater Hosting ‘The Book of Mormon’ Engulfed in Fire in New York City

A fire erupted Monday at the historic Eugene O’Neill Theatre in New…

Chicago Voices Unite: Community Leaders Rally Against Chatham Walgreens Closure

CHICAGO (WLS) — On Monday, city officials are anticipated to discuss the…

Court Documents Reveal Palisades Fire Suspect’s Alleged Obsession with Luigi Mangione and Resentment Towards the Wealthy

Prosecutors have revealed that the man accused of igniting the New Year’s…

Supreme Court Greenlights Telehealth Access to Mifepristone: Key Victory for Reproductive Rights

The U.S. Supreme Court took significant action on Monday, reinstating widespread access…

Native Tribes Take Legal Action Against Black Hills Drilling to Protect Sacred Ceremonial Sites

Sioux Falls, S.D. — A coalition of nine Native American tribes from…