California teachers were right to severely punish girl, 7, for writing these words under Black Lives Matter drawing she gave to friend, judge rules | Daily Mail Online

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A California judge has ruled that teachers were right to punish a seven-year-old girl over a Black Lives Matter drawing because 'she's too young to have First Amendment rights.'


The first grader was banned from recess and drawing pictures at Viejo Elementary in Orange County after she added the words 'any life' below Black Lives Matter on a picture she drew and and gave to a black friend.

The picture showed the words 'Black Lives Matter' with four round shapes in various different tones of brown, beige and yellow, which was intended to 'represent her friends' who were 'racially-mixed'

The girl's family filed a lawsuit last year against the Capistrano Unified School District, claiming her First Amendment Rights were violated during the 2021 incident.

But US Central District Court Judge David Card ruled that 'Students have the right to be free from speech that denigrates their race while at school'. Card added that the drawing was not protected by the First Amendment because of the age of the girl, named B.B. in the suit, as reported by the San Francisco Chronicle.

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Judge Card wrote: '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.'

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Card added that 'Undoubtedly, B.B.'s intentions were innocent... B.B. testified that she gifted the Drawing to M.C. to make her feel comfortable after her class learned about Martin Luther King Jr.'

B.B. was punished by her school after her friend, known as M.C. in the suit, took the picture home, where a parent saw it and found it offensive, emailing the school and demanding they take action.

This prompted principal Jesus Becerra to tell B.B. the drawing was inappropriate and racist. He then punished B.B. by making her publicly apologize on the playground to her classmates and teachers. B.B. was also banned from recess and from drawing pictures for two weeks.

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So, "any life" is inappropriate and racist, I better write that down.

Ignorant parents demanded a 7yr old girl BE PUNISHED because they are so stupid to think 'any life' is racist.

I also must've missed the age requirements in the Bill of Rights!

Progressivism is a malignant tumor on society.

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This prompted principal Jesus Becerra to tell B.B. the drawing was inappropriate and racist. He then punished B.B. by making her publicly apologize on the playground to her classmates and teachers. B.B. was also banned from recess and from drawing pictures for two weeks.

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And libs are flabbergasted when the right engages in "culture wars" over stuff like this. Jesus Becerra is a marxist pos and should apologize to the girl and resign in disgrace. This is like some Chinese "struggle session". Seriously, this commie needs to be fired.

All lives matter you f'ing racist turds!

Her parents should put posters up on every pole and tree around that judge's neighborhood that say all lives matter. Maxine says to get in their faces...what goes around.............

It is all in the plan, no rights for pre-teens, no rights for the unborn...

The mental gymnastics libs have to go through everyday just astounds me. How can all lives matter be racist???

I await aggiehawg's comments

Old enough to transition, though, right?

Odds that 'M.C's parents were white and were just virtue signaling?

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Judge Card wrote: '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.'

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So let me get this straight…they actually believe it's not as significant…during the most transformative years of a young persons lives? Like, literally when they are learning HOW to speak…freedom doesn't matter then. It's only when they're approaching voting age that it matters. You know, after they've nearly completed their indoctrina…err I mean edumucation.

Who else can have their first amendment rights stolen by a judge for age reasons? How about Biden? He's less cognizant than the 7 yr old girl in that story

Children have fundamentally the same civil rights as adults. We don't entry's them with civil responsibilities quite yet, such as entering and fulfilling contracts, civil service, jury duty, etc. there are a few age related limitations where a child's legal guardian assumes a level of responsibility for the child in lieu of the Child themselves exercising rights. And of course the second amendment has the reasonable limitations of adult responsibility for full realization of rights.

But speech/expression, religion, even the 5th amendment, or others, apply to children as well.

Schneider Electric said:

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I await aggiehawg's comments

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Same.

The Supreme Court has ruled that students do not surrender their rights when walking into the school.

Yes, there are things they can be prohibited from saying and doing such as intentionally disrupting class, but if a student wants to read the Bible, pray, or talk to others about most topics; they cannot be stopped from doing so because a teacher or the school doesn't like it.

akm91 said:

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The mental gymnastics libs have to go through everyday just astounds me. How can all lives matter be racist???

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I'm paraphrasing their crazy reasoning, but, I'm told it is because "All Lives Matter" was created by the right wing to take focus off the Black Lives Matter movement. Take that for what is worth.

So she is not old enough to have 1st ammendment rights but she is old enough to have understood what she was writing and therefore have to apologize. Crazy

Disband the public school system.

The Bill of Rights are rights granted by God and are limits on the Government

This judge is a Marxist POS and a legal illiterate

why didnt that principal ball up that picture and throw it in trash and tell everyone he handled the situation-- if there was even one.

If it were my daughter, I would have gone ballistic on that Principal and school for this bull*****

I would never have allowed my child to be forced into a cultural shaming situation like that. That sort of thing can scar her for life.

It's interesting that 7 year old Americans are too young to enjoy the Bill of Rights but by all means give illegals the full spectrum of protections afforded to citizens of the United States by the Constitution.

People are still pushing BLM stuff? That's so 2020. Those grifters made their money, and did little to nothing to help those who they claimed to support. Oh, and the inventors of it made a **** ton of money.

Just normal government things. Putting a 7 year old through a cultural struggle session.

Can this be appealed? This should not be permitted to stand.

NM: I see it's headed to the Ninth Circuit

I'm not sure who is worse.

***** 80 year old Clinton appointed judge.

School superintendent.

School principal.

Reporting teacher.

The indoctrination was moving along so smoothly too, until this child stepped out of line. Ridiculous and such a punk, bully move by the POS liberal in charge.

Man, with so many of these injustices to kids happening all over the country nowadays, I don't see how the dad doesn't simply go up to the school and whip some ass. How do you not do that?

Well as long as she learned that only one race matters, by use of public intimidation and humiliation…….the ultimate goal was achieved. Future racism perpetrated and flames fanned on all sides. Bravo.

While I think this ruling is absurd, Clarence Thomas certainly disagrees that students' right to free speech applies in schools.

From his concurrence in Morse v. Frederick:

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In light of the history of American public education, it cannot seriously be suggested that the First Amendment "freedom of speech" encompasses a student's right to speak in public schools. Early public schools gave total control to teachers, who expected obedience and respect from students. And courts routinely deferred to schools' authority to make rules and to discipline students for violating those rules. Several points are clear: (1) under in loco parentis, speech rules and other school rules were treated identically; (2) the in loco parentis doctrine imposed almost no limits on the types of rules that a school could set while students were in school; and (3) schools and teachers had tremendous discretion in imposing punishments for violations of those rules.

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She should have written:

Black Lives Matter more than others.

I'm sure they would've nodded their heads happy the child is getting it. Also, I hate that spellchecker corrects that phrase to all caps.

Communists gonna communist

Get your kids out of public school

doubledog said:

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It is all in the plan, no rights for pre-teens, no rights for the unborn...

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No no no, they are free to choose to get drugged up and have their genitals mutilated from the moment of their birth. Make it make sense!

scd88 said:

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People are still pushing BLM stuff? That's so 2020. Those grifters made their money, and did little to nothing to help those who they claimed to support. Oh, and the inventors of it made a **** ton of money.

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They didn't do little. In truth they did way south of nothing to help those they claim to support. BLM has made race relations worse for blacks with every other race in this country, regardless of whether people will admit it or not.

I don't know why we expect anything different from California. That state is ate up with pure t dumbass. It wouldn't be so bad if their dumbass was contained to their wretched state, but our Federal government allows them to call the shots in industry and legislation for the rest of the country all too often. I'm sick of it.

hph6203 said:

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Just normal government things. Putting a 7 year old through a cultural struggle session.

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This. Put first amendment and constitutional rights to the side. I don't think that was the effective route to take. Should have sued the school/ISD and teacher and principal personally, for abuse of their child. Claim your child has suffered immense mental and emotional health trauma after the public humiliation handed her when she doesn't even understand what she did was wrong. Go out and get some plaintiff friendly child psychologists on the stand.

Make them state in a court of law that the notion that "all lives matter" is in fact racist and that a seven year should be able to understand that stating all lives matter is racist and further, a seven year old such fully understand complex issues like race relations.

Hammer them in a court or see them cave and settle for an amount equal to roughly 4x the future cost of her college education.

Play the game back like a rabid pitbull the same way the left does.