A middle school student who wore black paint on his face during a California football game is not protected by the U.S. Constitution’s First Amendment, according to a federal judge.
The student, dubbed J.A. in court papers, his parents, and his lawyers have not shown that wearing the black paint is expressive conduct shielded by the First Amendment, U.S. District Judge Linda Lopez said in a Sept. 30 ruling.
J.A. said he put on the paint during the game to show team spirit, but that doesn’t meet the bar established in other rulings, including a 2019 decision that found “First Amendment protection is only granted to the act of wearing particular clothing or insignias where circumstances establish that an unmistakable communication is being made,” Lopez wrote….