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JACKSON THOMPSON: NH school district pays $275K after banning fathers’ for ‘XX’ wristbands at soccer game
A New Hampshire school district has agreed to a federal judgment declaring that banning four people from silently wearing “XX” wristbands at a girls’ football match violated their First Amendment rights. The decision ends more than two years of litigation and protects the plaintiffs’ right to wear the bands at Bow School District sporting events.
The district’s risk pool, Primex, will pay $275,000 in legal fees and costs: $225,000 to the Institute for Free Speech and $50,000 to a local law firm. Each plaintiff will also receive $17.91, a sum chosen to refer to 1791, when the First Amendment was ratified. An appeals court had found the silent protest caused no material disruption before officials intervened, and there was no evidence any player saw the wristbands.
In short
- District judgment says the wristband ban violated free-speech rights.
- Its risk pool will pay $275,000 in legal fees and costs.
- The ruling protects silent wristband protests at district sporting events.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The judgment protects the principle that people should be able to express a peaceful viewpoint at a public school event unless it materially disrupts proceedings or infringes others’ rights. The appeals court found no disruption before officials intervened, and the reported absence of evidence that players saw the wristbands strengthens the case that the ban was disproportionate.
The case against
School officials have a responsibility to keep sporting events focused on students and to prevent disputes from escalating or affecting participants. They could argue that restricting political or contentious displays is a reasonable way to preserve a neutral, welcoming environment, even when a particular protest is silent; the difficulty is justifying that restriction where the reported evidence shows no material disruption.