A federal judge on Thursday ruled teachers at an elementary school were right to ban a child from recess for two weeks over a Black Lives Matter drawing that a person found ‘offensive.’
Teachers at Viejo Elementary in Orange County, California punished an innocent child and forced her to apologize on the playground publicly for adding ‘any life’ to her BLM drawing.
According to the San Francisco Chronicle, US District Court Judge David Carter, a Clinton appointee, ruled the child, named ‘B.B.’ in the lawsuit, was ‘too young to have First Amendment rights.’
“An elementary school … is not a marketplace of ideas… Thus, the downsides of regulating speech there is not as significant as it is in high schools, where students are approaching voting age and controversial speech could spark conducive conversation,” the judge wrote according to the San Francisco Chronicle.
The judge said the school’s principal, Jesus Becerra, can severely punish (abuse) the child if he wants to.
Jesus Becerra
B.B. reportedly gave the drawing to a black classmate in hopes of making her feel comfortable after the class learned about MLK Jr.
The innocent gesture from the child led to severe punishment, abuse, and humiliation.
“I was immediately angry, I didn’t know what had happened, I knew it was wrong fundamentally,” the child’s mother Chelsea Boyle told Fox News this week.
“My daughter’s rights were taken away, and I just started reaching out to find out what compelled speech was. I didn’t know what it was until I spoke to attorneys,” she told Fox News.
Attorney Caleb Trotter said the judge’s ruling could set a dangerous precedent.
“If that view is allowed to survive and spread, the speech rights of countless elementary students around the country could be at risk. That was what really concerned me,” Chelsea Boyle’s attorney told the San Francisco Chronicle.
Trotter appealed Judge Carter’s decision to the 9th Circuit Court of Appeals.
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