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First Circuit Sides With Parents in “XX” Wristbands Case

8/27/2026

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Summary

Story summary

The U.S. First Circuit Court of Appeals ruled the parents likely proved viewpoint discrimination.
The panel described the pink “XX” wristbands as a passive silent protest that caused no disruption.
Bow High School officials ordered the wristbands removed and banned the parents from campus.
A district court earlier denied a preliminary injunction calling the rules reasonable and viewpoint-neutral.

History

Historical Context

In 1969 the Supreme Court, in a 7-2 decision by Justice Abe Fortas, ruled in Tinker v. Des Moines that students retain First Amendment rights at school. The case introduced the “substantial disruption” test later used in Fraser (1986) and Hazelwood (1988). Today the First Circuit and Bow High School invoke Tinker while banning pink “XX” wristbands, reflecting the doctrine’s lasting impact.

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Story summary

The U.S. First Circuit Court of Appeals ruled the parents likely proved viewpoint discrimination.
The panel described the pink “XX” wristbands as a passive silent protest that caused no disruption.
Bow High School officials ordered the wristbands removed and banned the parents from campus.
A district court earlier denied a preliminary injunction calling the rules reasonable and viewpoint-neutral.

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