Lawsuit Appeal Seeks to Defend Gun-Related Protected Speech in Public Schools

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Come and Take It Hat C.S. v. McCrumb

CINCINNATI – Firearms Policy Coalition (FPC) today announced that an opening brief was filed in an FPC-backed lawsuit challenging a Michigan public school’s ban on gun-related speech that prevented a third-grader from wearing a hat to the school’s “hat day” bearing the text “Come and Take It” and an image of an AR-15 rifle.

The brief, filed with the Court of Appeals for the Sixth Circuit, can be viewed at firearmspolicy.org/mccrumb.

“Public schools may not violate the First Amendment rights of their students because they don’t like the Second Amendment and protected weapons like America’s Rifle, the AR-15.”

“The Sixth Circuit should remind school administrators that the Constitution’s protections apply even to speech they disfavor about rights they dislike,” said FPC President Brandon Combs.

“[Plaintiff’s] speech, which expressed her views about constitutionally protected rights, is protected by the First Amendment: Elementary-school students have the right to speak in school unless their speech falls within one of the narrow exceptions to protection (which are not applicable here) or unless their speech can be reasonably forecast to cause substantial disruption,” argues the brief. “And on this record, no such forecast is possible.”

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Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.

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