Richard Rothfelder’s Article from yesterday on the “Let’s Go Brandon” meme and lawsuit on BA vs Tri County Area Schools, brought the following question from our friend Tom Giesken.

“Pardon my confusion but I’m not an attorney. So, when the case was dismissed did that mean the school had the authority to send the brothers home ie. change clothes. And does it mean that it depends on the collection of council members of a governing body and their opinion of what is profane? Or do people/billboard companies have the right to wear something with an intrinsic meaning?????”

We reached out to Richard and here is his response.

The dismissal meant the School Board won, and their determination of “profane” was upheld, based in part on the deference afforded to school administrators to ensure the classroom environment is not disrupted. Such deference to school administrators is not present in the situation of municipal legislation, where the city has the burden of proof to establish that a violation has occurred, such as prohibiting profane copy on billboards. With cities, Free Speech and Due Process Constitutional Rights are likely to trump any considerations from the city administrator.

Again the case detail is available at this LINK.

Thanks Tom for your question and Richard for the quick response.

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