Press Release
Michigan School’s Decision on Student’s Controversial Hat Upheld by Federal Court
Durand, MI – A recent ruling from the 6th U.S. Circuit Court of Appeals upheld the decision of Kerr Elementary School officials to ask a third-grade student to remove her hat bearing the image of an AR-15-style rifle and the slogan "come and take it." The court ruled that the school’s actions did not violate the student’s free-speech rights, particularly given the sensitive context following the Oxford school shooting in 2022.
The principal of Kerr Elementary expressed concerns that the hat could disrupt the learning environment and be perceived as threatening, especially since the school had welcomed new students from Oxford, where the tragedy had occurred just months earlier. The appellate court found the principal’s decision “readily defensible,” emphasizing that school officials acted based on their understanding of the student body to predict potential disruptions.
The student wore the hat, a family possession, as it made her feel "safe." However, following the incident, her father filed a lawsuit claiming a violation of his daughter’s First Amendment rights. The court affirmed the initial ruling from U.S. District Judge Terrence Berg in favor of the school, stating that officials had reasonable grounds to support their request.
Kerr Elementary has noted that it permitted students to wear hats during a kindness-themed week, highlighting the context within which the situation arose. The court’s decision underscores the balance between free expression and maintaining a secure learning environment in schools, particularly in the wake of tragic events that can affect the perceptions and emotions of students and staff alike.
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