Schoolgirl, 6, off the hook for poignant hand-written BLM letter principal said was racist thanks to 1960s civil rights ruling

A California appeals court backed a child who wrote “any life” and innocently drew the thumbprints of her friends under “Black Lives Matter” in a picture at school, which she was later punished for.A lower court previously backed the child’s school principal, Jesus Becerra, who worked at Viejo Elementary School in Mission Viejo, California.The child, who is white and identified as “B.B.” in court documents, in 2021 drew the picture and gave it to a black classmate, “M.C.,” after the class listened to a story about the Rev.

Martin Luther King Jr.The black child then took the latter child took the picture home where M.C.’s mother raised concerns with the school.B.B.’s mom, Chelsea Boyle, alleges Becerra told B.B.

that the drawing was racist, forced her to apologize to M.C., and banned her from recess for two weeks.Boyle later filed suit against the school, alleging B.B.’s First Amendment rights were violated.The lower court disagreed, concluding the drawing was not protected speech and interfered with the black student’s right to be let alone.But the higher court, using the landmark Tinker v.

Des Moines Independent Community School District case that established that high school students have the right to protest the Vietnam War, decided to vacate the decision.“This case presents an important issue: to what extent is elementary students’ speech protected by the First Amendment?” the three-judge panel wrote in a per curiam opinion.“Applying the criteria set forth in Tinker v.

Des Moines Independent Community School District , we hold that elementary students’ speech is protected by the First Amendment, the age of the students is a relevant factor under Tinker , and schools may restrict students’ speech only when the restriction is reasonably necessary to protect the safety and well-being of its students.Because the Tinker analysis raises genuine issues of material fact, we vacate the grant of summary judgment and remand...