Deals & Matters

Amicus Brief Led by Michael Grygiel Urges Supreme Court to Protect Student Political Speech

June 02, 2026

Michael Grygiel, partner and chair of the firm’s First Amendment and Media Practice, served as counsel of record for an amicus brief filed by the Cornell Law School First Amendment Clinic in D.A. v. Tri County Area Schools, a case before the U.S. Supreme Court addressing student free speech rights.

The case involves two Michigan middle school students barred from wearing “Let’s Go Brandon” apparel. Lower courts upheld the restriction, with the Sixth Circuit finding the phrase could reasonably be considered vulgar under Bethel School District v. Fraser.

Filed on behalf of leading First Amendment scholars, the brief argues the decision improperly expands school authority to censor political speech that is neither profane nor disruptive and departs from Tinker v. Des Moines, which protects student expression absent a material and substantial disruption.

Grygiel emphasized the broader stakes, noting that “it is essential in today’s polarized climate that the free speech rights of public school students are protected when their expression does not result in a disruption to the school environment,” adding that the brief underscores the principle that political viewpoints—regardless of perspective—are protected when they are not expressed through profanity or sexualized language.

The brief urges the Court to grant certiorari and reaffirm that nondisruptive student political speech is protected under the First Amendment.

Read Cornell Law School First Amendment Clinic’s press release.

Read the amicus brief.