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

A California judge has ruled that teachers were correct to punish a seven-year-old woman complete a Black Lives Matter drafting because 'she's excessively young to person First Amendment rights.'

The first grader was banned from recess and drafting pictures astatine Viejo Elementary successful Orange County aft she added nan words 'any life' beneath Black Lives Matter connected a image she drew and and gave to a achromatic friend.

The image showed nan words 'Black Lives Matter' pinch 4 information shapes successful various different tones of brown, beige and yellow, which was intended to 'represent her friends' who were 'racially-mixed'. 

The girl's family revenge a suit past year against nan Capistrano Unified School District, claiming her First Amendment Rights were violated during nan 2021 incident.

But US Central District Court Judge David Card ruled that 'Students person nan correct to beryllium free from reside that denigrates their title while astatine school'. Card added that nan drafting was not protected by nan First Amendment because of nan property of nan girl, named B.B. successful nan suit, arsenic reported by nan San Francisco Chronicle. 

Judge Card wrote: 'An simple schoolhouse … is not a marketplace of ideas... Thus, nan downsides of regulating reside location is not arsenic important arsenic it is successful precocious schools, wherever students are approaching voting property and arguable reside could spark conducive conversation.'

Moreover, Judge Card wrote, 'a genitor mightiness second-guess (the principal’s) conclusion, but his determination to subject B.B. belongs to him, not nan national courts.'

Card added that 'Undoubtedly, B.B.'s intentions were innocent... B.B. testified that she talented nan Drawing to M.C. to make her consciousness comfortable aft her people learned astir Martin Luther King Jr.'

B.B. was punished by her schoolhouse aft her friend, known arsenic M.C. successful nan suit, took nan image home, wherever a genitor saw it and recovered it offensive, emailing nan schoolhouse and demanding they return action.

This prompted main Jesus Becerra to show B.B. nan drafting was inappropriate and racist. He past punished B.B. by making her publically apologize connected nan playground to her classmates and teachers. B.B. was besides banned from recess and from drafting pictures for 2 weeks.

However, B.B.'s mother Chelsea Boyle did not study of nan incident until overmuch later, erstwhile she took action.

Boyle said she didn't deliberation her girl did thing wrong: 'I was instantly angry, I didn't cognize what had happened, I knew it was incorrect fundamentally.

'My daughter's authorities were taken away, and I conscionable started reaching retired to find retired what compelled reside was. I didn't cognize what it was until I said to attorneys,' she told Fox News.

The lawsuit will now caput to the Ninth Circuit Court of Appeals, pinch lawyer Caleb Trotter telling nan San Francisco Chronicle that Card's ruling could group a vulnerable precedent for simple students.

Trotter said: 'If that position is allowed to past and spread, nan reside authorities of countless simple students astir nan state could beryllium astatine risk. That was what really concerned me.'

Judge Card, meanwhile, finalized his ruling by pointing retired that some B.B. and M.C person moved on.

Card said: 'B.B. and M.C. person undoubtedly moved connected from this incident that occurred 3 years ago. 

'B.B. stated that nan Drawing did not strain nan relationship betwixt them... They person taught america an important instruction astir moving on.'