New Amicus Brief: Free-Speech Rights in Elementary School

NEW YORK, NY – The Manhattan Institute has filed an amicus brief to the Ninth Circuit Court of Appeals in B.B. v. Capistrano Unified School District, a case concerning First Amendment free-speech rights. The Manhattan Institute's Ilya Shapiro and Tim Rosenberger (with thanks to law school associate Trey Hammond) summarize their amicus brief below:

"In first grade, B.B. learned about the phrase 'Black Lives Matter' from a classroom book, which inspired her to draw a picture with the phrase 'Black Lives Mater' (misspelled), alongside the words 'any life' and figures representing her friends, including one black classmate. She gifted this drawing to her friend, who took it home. Upon finding the picture, the friend’s mother expressed concerns about racial singling-out, though the friend was not offended. The school, which is located in Orange County, California, then prohibited B.B. from drawing and excluded her from recess for two weeks without notifying her parents.

"A year later, after learning about the incident from another parent, B.B.’s mother filed two unsuccessful complaints with the school and subsequently a lawsuit in federal court. In February 2024, the court ruled against B.B., citing her age to deny her free-speech rights and referencing a controversial New York Times article about the phrase 'All Lives Matter.' This case is now in the Ninth Circuit and our brief highlights that, yes, California, elementary-school students do have First Amendment rights."

Read the full amicus brief here.

Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. Tim Rosenberger is a legal fellow at the Manhattan Institute.

Please direct any media inquiries to press officer Grace Twehous at gtwehous@manhattan.institute.