V.A. v. San Pasqual Valley Unified School District

A public-high-school athlete (plaintiff) on the varsity football and basketball teams began to kneel silently during the playing or singing of the national anthem at athletic events. The athlete stated that he wanted to express his personal feelings about racial injustice in the country. After an away football game at which the athlete chose to kneel silently during the national anthem, an incident took place involving students from the opposing high school, who approached the athlete and his classmates, made racial comments and threats, and sprayed water on them. The athlete’s principal spoke with the athlete’s mother and stated that failing to stand during the national anthem could be seen as disrespectful to the opposing high school. The superintendent of the San Pasqual Valley Unified School District (school district) (defendant), where the athlete attended school, issued a policy memorandum to the school district’s coaching staff, ordering students and coaches to stand during the national anthem. The school-district board of trustees asked the school district’s counsel to draft a facilities-use policy disallowing political activism or peaceful political protest during the national anthem by kneeling or sitting. The athlete brought an action in the district court and argued that the school district’s policies violated his free-speech rights under the First Amendment to the United States Constitution. The athlete sought a temporary restraining order and preliminary injunction to prevent enforcement of these policies by the school district.