Supreme Court declines to review 'Let's Go Brandon' school speech case, leaving First Amendment boundary unresolved

Key points

• The Supreme Court rejected the petition on October 5, 2026, without explanation.
• The case involved two Michigan brothers barred from wearing sweatshirts with the phrase 'Let's Go Brandon' at Tri County Middle School in 2022.
• The 6th Circuit Court of Appeals ruled in 2025 that the phrase was vulgar based on its 'commonly understood meaning.'
• The family argued the phrase was political speech, not profane, and that schools cannot censor nondisruptive political expression.
• The school district argued that the 1986 Bethel School District v. Fraser precedent allows schools to ban vulgar speech, even if expressed in euphemisms.

Background

The case stems from a 2021 viral phrase, 'Let's Go Brandon,' which became a euphemism for a vulgar criticism of former President Joe Biden. In 2022, two Michigan brothers were barred from wearing sweatshirts with the phrase at Tri County Middle School. The family sued, alleging violations of the First and Fourteenth Amendments. The 6th Circuit Court of Appeals ruled in 2025 that the phrase was vulgar, and the family appealed to the Supreme Court. The court has previously declined to review cases involving political speech in schools, such as a 2025 case involving a Michigan student barred from wearing a hat with an AR-style rifle image.

How outlets are covering it

The family, represented by the Foundation for Individual Rights and Expression, argued that 'Let's Go Brandon' was political speech, not profane, and that schools cannot censor nondisruptive political expression. The school district, represented by Lisa Blatt, argued that the 1986 Bethel School District v. Fraser precedent allows schools to ban vulgar speech, even if expressed in euphemisms. The 6th Circuit Court of Appeals was divided, with Judge John Nalbandian ruling that 'vulgarity trumps politics' and Judge John Bush dissenting, arguing that the majority wrongly applied Supreme Court precedent and gave the students' rights short shrift. CNN and AP News reported the Supreme Court's decision as a decline to review, while MS NOW emphasized the unresolved First Amendment issue.

Why it matters

The Supreme Court's decision leaves unresolved the boundary between protected political speech and prohibited profanity in schools. The case could have clarified the power schools have to police potentially offensive speech in the classroom. The decision may impact how schools handle political speech in the future, and it may influence how lower courts interpret the First Amendment in similar cases.

What to watch

The lower court ruling stands, and the family may pursue other legal avenues. The Supreme Court may take up other cases involving political speech in schools in the future. The decision may influence how schools handle political speech in the future, and it may influence how lower courts interpret the First Amendment in similar cases.