Supreme Court declines Michigan ‘Let’s Go Brandon’ free speech case

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(The Center Square) – The U.S. Supreme Court has declined to hear a free speech case involving two Michigan brothers who were disciplined for wearing “Let’s Go Brandon” apparel to school.

That was the end-of-the-line for the case, after previously losing an appeal in the 6th U.S. Circuit Court of Appeals.

The Foundation for Individual Rights and Expression, a national nonprofit that defends free speech, represented the two students in court. They argued the school’s restriction of the apparel was a violation of First Amendment rights.

Conor Fitzpatrick, the lead FIRE attorney on the case, said the organization was disappointed by the decision in a statement provided to The Center Square.

“FIRE is disappointed that the Supreme Court declined to hear our students’ appeal of the 6th Circuit’s flawed ruling, holding that the political slogan ‘Let’s Go Brandon’ was close enough to profanity that schools could ban it,” Fitzpatrick said.

FIRE first sued Tri County Area Schools, located in mid-Michigan, in 2023 after school administrators ordered the boys to remove sweatshirts bearing the phrase “Let’s Go Brandon.” The phrase became a popular euphemism for “F--- Joe Biden.”

After a Michigan federal judge ruled against the students in 2024, arguing the sweatshirts did convey a profane meaning, FIRE appealed.

The court of appeals sided with the school in a 2-1 decision in 2025.

Previously, precedent has determined that students do not lose their free speech rights when they enter school, particularly political speech, as long as it does not disrupt school activities. That said, they are allowed to restrict “lewd, indecent, or offensive speech.”

FIRE argued this instance does not fall into that category. Judge John K. Bush, the one dissenting vote in the Sixth Circuit’s decision, agreed.

“‘Let’s Go Brandon!’ – regardless its origin – has evolved into a widely recognized political slogan used to express opposition to a now-former president,” Bush said in his dissent. “It is not vulgar on its face … [and] has become a political hallmark entitled to First Amendment protection.”

The majority disagreed, arguing the school did not violate the students’ right to freedom of speech.

“The school could reasonably prohibit the sweatshirts since they were vulgar speech,” the majority opinion said. “Because the school reasonably understood the slogan ‘Let’s Go Brandon’ to be vulgar, we affirm.”

FIRE said this ruling now gives school administrators “unchecked authority” to censor student’s political speech.

Fitzpatrick said the ruling shows the need for continued legal support of students’ First Amendment rights.

“We are proud to have fought alongside the students in defense of their First Amendment rights,” he said. “The decision not to take our clients’ case only shines more light on the need for the Court to further reinforce the First Amendment’s protection for public school students, and sooner rather than later.”