Court defends CA first-grader’s innocent free expression

By Pacific Legal Foundation,
Press Release,

Pasadena, California; March 10, 2026: A California first-grader who was punished for drawing an innocent picture for a classmate scored a major victory today when the Ninth Circuit Court of Appeals ruled that elementary school students have First Amendment rights. The student, a minor going by the initials B.B., challenged the Capistrano Unified School District after her school principal forced her to apologize, banned her from giving drawings to classmates, and excluded her from recess for two weeks over a picture she drew inspired by a class lesson on Martin Luther King Jr.

“Today’s ruling affirms what should be obvious: Students don’t lose their constitutional rights just because they’re young,” said Caleb Trotter, Senior Attorney at Pacific Legal Foundation. “The Constitution protects every student’s right to free expression. No child should be punished for expressing a well-intentioned message to a friend.”

In 2021, after a class lesson about Martin Luther King Jr., B.B. drew a picture of herself and her friends holding hands, writing “Black Lives Mater” and “any life” on the drawing. She gave it to a classmate as a gesture of friendship. The school principal told B.B. the drawing was inappropriate and punished her—without notifying her parents. B.B.’s family did not learn of the incident until a year later.

The Ninth Circuit vacated the district court’s judgment, which ruled that school administrators have unchecked authority to punish student speech. The appellate court sent the case back for further proceedings. The court held that schools bear the burden of proving any restriction on student speech is reasonably necessary. The decision ensures that young students retain their constitutional right to free expression.

Pacific Legal Foundation represents B.B. free of charge. The case is B.B. v. Capistrano Unified School District, et al.