School Reverses Suspension of Student Over 'We Love ICE' Flyers

Legal threat forces district to expunge discipline for conservative viewpoint after allowing anti-ICE protests

Apr. 5, 2026 at 8:00pm

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A San Diego-area school district has reversed course and erased the suspension of a student who posted flyers supporting Immigration and Customs Enforcement (ICE), after the student obtained legal representation from the Foundation for Individual Rights and Expression (FIRE). The district had claimed the pro-ICE flyers amounted to 'harassment' and 'intimidation,' even though the school had previously allowed anti-ICE walkouts where students displayed vulgar and hostile slogans against federal agents.

Why it matters

The case highlights concerns that public schools are enforcing a double standard, punishing conservative viewpoints while tolerating or even encouraging left-wing activism. As support for border security and ICE is routinely demonized by the left, the reversal underscores the legal risk schools face when they attempt to police speech based on viewpoint rather than applying neutral standards that respect the First Amendment.

The details

The male student, whose name has not been released, was suspended in February for putting up flyers supporting ICE that read, 'We [heart] I.C.E. – Real Americans.' Two weeks earlier, the same school had permitted an anti-ICE walkout during class hours, where students displayed posters declaring, 'If You're an I.C.E. Agent Ya Mom's a H*e!!,' 'F*CK ICE,' and 'ICE is KKK spelled differently.' Administrators claimed the pro-ICE flyers amounted to 'harassment' and 'intimidation,' even though they were posted in a common area where other political messages had been displayed without incident.

  • In February, the student was suspended for posting the pro-ICE flyers.
  • Two weeks earlier, the school had allowed an anti-ICE walkout during class hours.

The players

FIRE

The Foundation for Individual Rights and Expression, a group that provided legal representation to the student.

Conor Fitzpatrick

FIRE's Supervising Senior Attorney, who said 'School administrators can't pick and choose which opinions students are allowed to express.'

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What they’re saying

“School administrators can't pick and choose which opinions students are allowed to express. Voicing an opinion which makes others upset is not 'harassment' or 'intimidation,' it is American democracy in action.”

— Conor Fitzpatrick, FIRE Supervising Senior Attorney

What’s next

The district agreed to expunge the suspension from the student's record after FIRE's legal intervention.

The takeaway

This case highlights the growing concern that public schools are enforcing a double standard, punishing conservative viewpoints while tolerating or even encouraging left-wing activism. The reversal underscores the legal risk schools face when they attempt to police speech based on viewpoint rather than applying neutral standards that respect the First Amendment.