A federal appeals court has rejected a lawsuit filed by a Texas student who claimed he was bullied for being white and supporting former President Donald Trump, sparking debate over the interpretation of racial harassment laws in schools.
Why does the left always get away with this kind of thing?
At a Glance
- A federal appeals court ruled against a student’s claim of racial harassment for supporting Trump
- The student, B.W., alleged bullying from 2017 to 2020 after wearing a “Make America Great Again” hat
- Incidents included physical assault and being called racial slurs
- School officials’ alleged inaction led to the student’s withdrawal from the district
- Nine judges dissented, arguing the bullying could be considered racial harassment
Court Rejects Bullying Lawsuit
A federal appeals court has ruled that a minor, identified as Jon Doe or B.W., who claimed he was bullied for being white and supporting Donald Trump, did not demonstrate harassment based on race as defined by Title VI standards. The case, which has drawn attention to the complexities of interpreting anti-discrimination laws in educational settings, stems from alleged incidents that occurred between October 2017 and spring 2020.
The controversy began when B.W. wore a “Make America Great Again” hat to school, allegedly triggering a series of bullying incidents. These incidents ranged from verbal abuse to physical assault, including one particularly disturbing event where a student reportedly traced a swastika on B.W.’s back before beating him.
A divided 5th Circuit affirmed the dismissal of a Texas student's lawsuit alleging he was bullied for being white and supporting President-elect Donald Trump, prompting a conservative judge to dissent and deplore 'racism against whites' https://t.co/YX6rwWsGGR @nateraymond pic.twitter.com/g0FnG0zoWq
— Reuters Legal (@ReutersLegal) November 14, 2024
You know that if this happened to a left-wing student, the results would be different…
School’s Response and Legal Proceedings
According to the lawsuit, school officials failed to provide adequate relief in response to the reported bullying. This alleged inaction ultimately led B.W.’s parents to remove him from the school district in 2020. The family’s attempts to seek legal recourse, however, have faced significant hurdles.
In 2022, a U.S. district judge dismissed the initial complaint, citing a lack of constitutional violations due to the absence of formal policies contributing to the situation. The U.S. Court of Appeals for the Fifth Circuit subsequently upheld this decision, with some judges opting not to provide a rationale for their ruling.
The court’s decision has not been without controversy. Judge Priscilla Richman noted that the bullying appeared to be based on political beliefs rather than race, making it non-actionable under Title VI. However, the complaint included instances of apparent racial animus, such as B.W. being called “whitey” and depicted as a Ku Klux Klan member.
Notably, nine judges dissented from the majority opinion, arguing that the bullying plausibly amounted to racial harassment. Judge Jennifer Walker Elrod stated that the harassment was indeed based on race and met the “severe, pervasive, and objectively offensive” standard required for such cases.
The case raises important questions about the scope and interpretation of federal protections against student discrimination and harassment. Judge James C. Ho, in his dissent, argued that B.W. was harassed for being white, Christian, and a Trump supporter, emphasizing that it’s racist to attribute negative traits to any racial group, including whites.
The divided court opinion highlights the ongoing challenges in addressing complex issues of racial and political harassment in educational settings.
Something needs to change, because the radical left can’t just keep getting away with this kind of behavior.