MSJ Granted –

B.B., et al. v. Capistrano Unified School District, et al.

Plaintiff filed a 42 U.S.C. 1983 claim against individual District employees alleging that when she was a first-grade student, she suffered first amendment violations when she was allegedly disciplined for a drawing she made and gave to a bi-racial first-grade student depicting the phrase, “Black Lives Matter” and “any life”. The mother of the recipient student emailed the principal stating she did not want her child to receive political messages at school. Defendants filed a Motion for Summary Judgment which was granted as to Plaintiff’s federal claims relying on the underdeveloped third prong of the Tinker analysis relating to “rights of others” in the context of student speech. The Court heavily weighed the fact that the involved students were first-graders and age is an important factor when deciding whether speech is protected, going so far as to say, “Elementary schools are more about learning to sit still and be polite, rather than robust debate.” The Court determined that Plaintiff’s drawing did not warrant constitutional protection and that any alleged actions taken by the individual defendant employees is not for the business of federal courts to second-guess. Judgment Entered 03/06/24.