Full Breakdown
Supreme Court Declines to Review Michigan School’s “Let’s Go Brandon” Sweatshirt Ban
By Drooid · · How we work
The Court’s Decision
The United States Supreme Court issued an order declining to hear the petition in D.A. ex rel. B.A. v. Tri County Area Schools. By denying review, the justices left the Sixth Circuit’s affirmation of the school district’s ban in place.
Background of the Dispute
The slogan “Let’s Go Brandon” originated in 2021 as a euphemism for a profanity aimed at President Joe Biden. In December 2022, a Michigan mother bought two sweatshirts with the slogan for her sons, then in sixth and eighth grade at Tri County Middle School in Howard City. School officials ordered the shirts removed, citing a policy against profanity.
The mother sued the district and two employees in 2023, arguing the ban suppressed protected political speech. A federal district judge ruled for the school, finding the slogan “plainly vulgar.” The Sixth Circuit affirmed, emphasizing that “vulgarity trumps politics” in the school setting. The brothers appealed to the Supreme Court in March 2026, contending the lower courts misapplied Bethel School District v. Fraser (1986), which permits schools to discipline vulgar speech even when political.
Legal Arguments
The students’ lawyers argued the phrase contains no explicit profanity and is non-disruptive political expression protected by the First Amendment.
The district maintained that the slogan’s “clearly vulgar meaning” justifies the ban under Fraser, warning that allowing such codewords would undermine the school environment.
Judicial History (Timeline)
- 2022 – Brothers wear “Let’s Go Brandon” sweatshirts; school orders removal.
- 2023 – Mother files suit.
- 2024 – District court dismisses claim, upholding ban.
- 2025 – Sixth Circuit affirms.
- March 2026 – Petition for Supreme Court review filed.
- 2026 – Supreme Court’s order list announces denial of review.
Why It Matters
The denial preserves the precedent that schools may prohibit vulgar political expression under the Fraser standard. It aligns with prior denials in similar student-speech cases, indicating the Court’s reluctance to broaden classroom speech protections.
Official Statements & Responses
The district reiterated that permitting such codewords would undermine its educational mission.
Conflicting Reports & Gaps
Lower-court interpretations of Fraser differ: the Third and Ninth Circuits limit the decision to “plainly profane and sexual speech,” while the Sixth Circuit applies a broader reading that allows censorship of non-disruptive political speech deemed vulgar. The Supreme Court’s denial leaves this circuit split unresolved.
What’s Next
With the denial, the Sixth Circuit’s ruling remains the governing authority for Tri County Schools. No further appellate action is indicated, and the district’s policy on vulgar political apparel is expected to stay in effect.