BLM or Black Lives Matter continues to be an issue for millions across the nation. A California mother is taking legal action after her first-grade daughter was punished for altering a Black Lives Matter drawing. The incident has sparked a debate about free speech rights for young students.
The Incident
The controversy began when the student, identified only as B.B., created a drawing that initially read “Black Lives Matter” but was changed to say “Any Life.” The principal of Viejo Elementary in Orange County deemed the alteration “racist” and “inappropriate,” leading to a two-week recess ban and an apology requirement for B.B.
Mother’s Outrage
When Chelsea Boyle, B.B.’s mother, learned about the punishment over a year later from other parents, she was outraged. Boyle believes the school’s actions violated her daughter’s first amendment rights. She stated, “My daughter’s rights were taken away, and I just started reaching out to find out what compelled speech was.”
Legal Battle
In 2023, Boyle filed a first amendment lawsuit against the Capistrano Unified School District. However, the federal district court sided with the school, ruling that B.B. was too young to be protected under the First Amendment. Now, Boyle is appealing to the Ninth Circuit Court, seeking to restore free speech rights for all students, including young children.
Background of the Drawing
The incident traces back to March 2021 when B.B.’s teacher read a book about Martin Luther King Jr. This prompted B.B. to create a drawing to support her classmate of color, M.C. The drawing was meant to convey inclusivity, featuring four colored circles to represent her classmates. M.C. appreciated the gesture and took the drawing home.
Community Reactions
While M.C.’s mother initially expressed concern about her daughter being singled out, she believed B.B.’s intentions were innocent. The principal, however, felt the altered message conflicted with the school’s values and issued the punishment.
Legal Perspectives
U.S. Central District Court Judge David Carter noted that while students should be free from speech that denigrates their race, the First Amendment protections do not extend to B.B.’s drawing due to her age. He stated, “Elementary school … is not a marketplace of ideas.”
Looking Ahead
Boyle’s attorney, Caleb Trotter, is prepared for a lengthy legal battle, emphasizing that elementary students should not be stripped of their rights. He indicated that if the Ninth Circuit rules in favor of the school district, he may escalate the case to the Supreme Court.
This case raises important questions about free speech rights for young students and the responsibilities of educational institutions. As the legal battle continues, it highlights the need for a nuanced understanding of children’s rights in schools.
