Rising4Youth
Rise4FosterYouth
Tinker v. Des Moines was a landmark Supreme Court case that set the precedent that students do not “shed their constitutional rights at the schoolhouse gate.” In that case, students wore black armbands to protest the Vietnam War—a symbolic act of free speech that their school deemed “disruptive.” However, the Court ruled in favor of the students, affirming that young people are entitled to their constitutional liberties, including the right to express their views peacefully at school.
But what about younger students, even those in elementary school? Do those same rights apply to them?
That’s exactly the question at the center of BB v. Capistrano Unified School District. BB, a six-year-old student, gave a friend a drawing that said “Black Lives Matter” and “any life” after learning about Dr. Martin Luther King Jr. While the friend’s parents acknowledged there was no harm intended, they raised concerns with the school. In response, the school overreacted—punishing BB by labeling the drawing “racist” and taking away her recess privileges. BB’s mother and legal team argue that even elementary students have First Amendment rights, and that schools should not have the power to silence such innocent expressions.
Despite these arguments, the lower court ruled in favor of the school. Now, BB’s lawyers are appealing the decision in the 9th Circuit Court of Appeals, hoping to affirm that constitutional rights extend to all students, regardless of age.
As a high school student, I find this case deeply concerning. The lower court’s ruling directly challenges the precedent set by Tinker v. Des Moines and opens the door for schools to silence students—even very young ones—without accountability. If one student’s rights can be taken away so easily, what does that mean for the rest of us?
That’s why we, as teens, must speak up and take meaningful action. We can raise awareness through social media, school newspapers, and clubs. We can support organizations like the ACLU that fight for student free speech. Creative outlets like art, writing, and spoken word can help us stand in solidarity with students like BB. And by writing to lawmakers and staying informed, we can push for change that protects the rights of all students.
Tinker v. Des Moines proved that students have a voice in school. Now, it’s our responsibility to ensure that voice isn’t taken away, no matter how young the speaker may be.
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