A federal court ruling has allowed a school to censor “Let’s Go Brandon,” preventing students from wearing the popular social media meme on shirts.
But a constitutional expert warns that it’s a “dangerous precedent” that will move the nation established on the basis of free speech the wrong direction.
Constitutional expert Jonathan Turley, a law professor at George Washington University, has testified before Congress on constitutional issues, and even represented members in court.
He cited the case of “D.A.” in Michigan, a student ordered to remove his sweater with the phrase on it.
That decision was from Judge Paul Maloney.
“Maloney rejects the free speech claim and rules that school officials can punish a student for wearing a ‘Let’s Go Brandon’ T-shirt. I believe that he is wrong and that the case sets a dangerous precedent,” Turley wrote.
The slogan is “a familiar political battle cry not just against Biden but also against the bias of the media. It derives from an Oct. 2021 interview with race-car driver Brandon Brown after he won his first NASCAR Xfinity Series race. During the interview, NBC reporter Kelli Stavast’s questions were drowned out by loud-and-clear chants of ‘F*** Joe Biden.’ Stavast quickly and inexplicably declared, ‘You can hear the chants from the crowd, ‘Let’s go, Brandon!'”
In the case at hand school officials Andrew Buikema and Wendy Bradford ordered several boys to remove the slogan.
“The school ordered the removal of the clothing as obscene and in violation of the school code. However, other students are allowed to don political apparel supporting other political causes including ‘gay-pride-themed hoodies,'” he noted
While the school claims its authority to banish the message was because it was “profane,” Turley explained, “The funny thing about this action is that the slogan is not profane. To the contrary, it substitutes non-profane words for profane words.”
Maloney claimed, “Removing a few letters from the profane word or replacing letters with symbols would not render the message acceptable in a school setting.”
Turley said the ruling is “jarring and chilling.”
“The ‘Let’s Go Brandon’ slogan is more than just a substitute for profanity directed at the president (which itself has political content). It is using satire to denounce the press that often acts like a state media. It is commentary on the alliance between the government and the media in shaping what the public sees and hears.”
He warned the decision moves to far “into the regulation of political speech. Notably, politicians have used the phrase, including members of the House of Representatives despite a rule barring profanity on the floor. On October 21, 2021, Republican congressman Bill Posey concluded his remarks with ‘Let’s go, Brandon.’ It was not declared a violation of the House rules.”
The judge’s “default,” he said, is “to limit speech even when it is not overtly profane and concerns a major political controversy.”
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