VICTORY: School district reverses suspension of student punished over pro-ICE poster

SAN DIEGO, April 1, 2026 — After intervention by the Foundation for Individual Rights and Expression, a California school district expunged its suspension of a high school junior for putting up a pro-ICE poster. 

On Feb. 6, hundreds of students at Torrey Pines High School peacefully staged a mid-school- day walkout to protest ICE and U.S. immigration enforcement policy. They held posters displaying statements including, “If You’re an I.C.E. Agent Ya Mom’s a Hoe!!,” “FUCK ICE,” and “ICE is KKK spelled differently.” 

Yet, two weeks later, the school suspended a student for posting pro-ICE flyers reading “We ❤️I.C.E. – Real Americans.” The school claimed the flyers, which caused no disruption at the school — and were displayed in a common area where other students have posted political material — nevertheless constituted “harassment” and “intimidation.” 

“School administrators can’t pick and choose which opinions students are allowed to express,” said FIRE Supervising Senior Attorney Conor Fitzpatrick. “Voicing an opinion which makes others upset is not ‘harassment’ or ‘intimidation,’ it is American democracy in action.”

After the student secured representation from FIRE litigators, the school agreed to expunge the suspension from his record.

“We’re pleased the school has erased the suspension and will be watching closely to ensure the school respects its students’ First Amendment rights,” said Fitzpatrick. “The law is clear: Public schools must allow students to peacefully express their political opinions.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT
Katie Stalcup, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org