Michigan Third-Grader’s Hat Triggers Free Speech Lawsuit

After a legal battle that made it to federal court, a Michigan school district did not violate a third grader's right to free speech. It all started back in February of 2022 when  the elementary school allowed students to wear hats for a week-long campaign to promote kindness.

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Just months prior to the incident several students had moved to the Durand area school district from Oxford shortly after that district suffered a horrific school shooting.

Michigan Parent Files Free Speech Lawsuit Against Durand Schools

Parent of a third-grader, Adam Stroub, claims that his daughter picked out the hat that she wore to school. An AR-15 rifle along with the text 'Come and Take it' were prominently displayed above the rim.

READ MORE: Michigan School District Pleads With Parents to Stop Smoking Pot

Stroub was informed by the Robert Kerr Elementary School's principal and separately by a coach that the hat was inappropriate. When he emailed the principal he got a reply which said, 'The hat in question had a picture of an AR type weapon on the front of it. Weapons of any kind are not appropriate for students to wear in a school setting.'

So on May 9, 2022, Stroub filed a lawsuit with the US District Court for the Eastern District of Michigan. Durand Area Schools, Superintendent Craig McCrumb, principal Amy Leffel, and coach Michael Papanek were all named as defendants. He claims that the hat doesn't break the school's dress code. Stroub wants a declaration that the student's right to wear the hat is protected by the constitution.

Father Defeated by Durand Schools in AR-15 Hat Battle

On Friday, the 6th U.S. Circuit Court of Appeals ruled in favor of the school in a 3-0 opinion stating that the actions of the school were 'readily defensible'.

The court's opinion continued, 'The record demonstrates that school officials relied on their knowledge of the student body to make a reasonable forecast of a substantial disruption in school activities, and therefore did not violate the First Amendment by asking [the student] to remove her hat.'