Judge Rules in Favor of Michigan Student's Right to Wear Anti-War T-Shirt to School
FOR IMMEDIATE RELEASE

Bretton Barber refused to back down after school officials objected to his t-shirt message.DETROIT - In a victory for students' free speech rights, a federal judge has ruled that the Dearborn teenager who was prohibited from wearing a t-shirt with a picture of President Bush that reads, "International Terrorist" must be allowed to wear the shirt to school.
The American Civil Liberties Union of Michigan filed the lawsuit in federal court last February against the Dearborn Public Schools for violating the First Amendment rights of the student.
"The court's decision reaffirms the principle that students don't give up their right to express opinions on matters of public importance once they enter school," said Kary Moss, Executive Director of the ACLU of Michigan. "Schools are not speech-free zones."
In granting the order, Judge Patrick J. Duggan noted that "there is no evidence that the t-shirt created any disturbance or disruption" in the school and that "the record?does not reveal any basis for [the assistant principal's] fear aside from his belief that the t-shirt conveyed an unpopular political message."
Judge Duggan further rejected the school district's argument that the schoolyard is an inappropriate place for political debate. As he wrote in the decision, "In fact, as [the courts] have emphasized, students benefit when school officials provide an environment where they can openly express their diverging viewpoints and when they learn to tolerate the opinions of others."
Bretton Barber, a senior at Dearborn High School, wore the t-shirt to express his concern about the President's policies on the potential war in Iraq. School administrators asked him to remove the t-shirt, turn it inside out, or go home. The school's justification was that the shirt might cause a disruption despite the fact that he wore the shirt for three hours without incident.
"I wore the shirt to spark discussion among the students on an issue I cared deeply about," Barber said. "I haven't decided when I'll wear the shirt again, but now I have the confidence of knowing that I have the right to wear it."
Andrew Nickelhoff, an ACLU of Michigan Cooperating Attorney who argued the case, called the ruling "an important civics lesson for students everywhere. This case teaches that the First Amendment protects our right to express our opinions, and that sometimes we must have the courage -- as Brett Barber did -- to defend our rights."
Stay informed
Sign up to be the first to hear about how to take action.
By completing this form, I agree to receive occasional emails per the terms of the ACLU's privacy statement.
By completing this form, I agree to receive occasional emails per the terms of the ACLU's privacy statement.
Learn More About the Issues in This Press Release
Related Content
- Press ReleaseMay 2025
Free Speech
Censored Patient Safety Research Must Return To Government Website, Judge Rules. Explore Press Release.Censored Patient Safety Research Must Return to Government Website, Judge Rules
BOSTON – A federal judge today ordered that the government must restore all patient safety research authored by private individuals and removed by the Trump administration from a federal website for including words like “LGBTQ” and “trans(gender).” The new court ruling comes out of a case brought by two Harvard Medical School doctors after their articles were removed from Patient Safety Network (PSNet), a government-run website for doctors and medical researchers to share information about medical errors, misdiagnoses, and patient outcomes. The Trump administration removed the papers as part of a broad takedown of information that the government contends promotes “gender ideology,” including any articles containing certain prohibited terms, including “LGBTQ” and “trans(gender).” “We are very gratified and encouraged by this affirmation of the First Amendment, academic freedom, and the illegality of the actions by the Trump administration in attempting to censor and take down our peer-reviewed patient safety articles,” said Dr. Gordon Schiff. “We hope it gives others in the educational, research, and medical communities the courage to not be intimidated in resisting these unacceptable actions by the Trump administration that, unopposed, will cost many thousands of lives. While re-posting of our articles to PSNet will reverse small, but important injustices, the larger attacks on public health and patient safety and health care access must also be resisted and reversed." “I am grateful to have had the opportunity to stand up for not just our rights, but those of other physicians, scientists, researchers, students, and all those who have been illegally silenced or engaged in self-censorship out of fear of this administration and the dismantling of our government and our democracy,” said Dr. Celeste Royce. “As an educator and a physician, I will continue to fight misinformation and falsehoods put out by the administration, and I will continue to advocate for the rights of my patients and my students. I hope our victory today will inspire others to continue to fight against all the injustices happening, and fight for the civil and human rights of the LGBTQ community, immigrants, and all the communities this administration is trying to silence and suppress.” Earlier this year, the Trump administration issued an executive order requiring federal agencies to remove all statements that “promote or otherwise inculcate gender ideology.” The Office of Personnel Management (OPM) subsequently issued guidance directing all agencies to “[t]ake down all outward facing media (websites, social media accounts, etc.) that inculcate or promote gender ideology.” PSNet’s removal of articles based on blacklisted terms followed. According to the new court decision, the doctors “are likely to succeed in proving that the removal of their articles was a textbook example of viewpoint discrimination by the defendants in violation of the First Amendment.” “Our clients were faced with an impossible choice: remove their patient safety research from PSNet entirely or change the words and messages to fit what this administration agrees with,” said Rachel Davidson, staff attorney with the ACLU of Massachusetts. “Republishing their articles is a victory for free speech and public health. The government can’t censor medical research solely because it disfavors certain viewpoints.” The articles removed include “Endometriosis: A Common and Commonly Missed and Delayed Diagnosis,” co-authored by plaintiff Dr. Celeste Royce, which included a sentence about diagnosis in transgender and gender-nonconforming people, and “Multiple Missed Opportunities for Suicide Risk Assessment in Emergency and Primary Care Settings,” co-authored by plaintiff Dr. Gordon Schiff, which included a sentence about heightened risk in LGBTQ communities. The federal judge ordered that these articles be restored in full within seven days, as well as all other content authored by private parties that was removed from PSNet pursuant to the implementation of the executive order. “This is a victory for our clients, for free speech, and for scientific integrity,” said Scarlet Kim, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “The First Amendment protects against the removal of our clients’ research solely because the government disagrees with its message. PSNet’s mandate is to provide information that protects patients – the government can’t pick and choose which information to share based on ideology.” “As the Court saw clearly, what happened to our clients was 'a flagrant violation' of the First Amendment,” said Ben Menke, a third-year student in the Yale Law School Media Freedom & Information Access Clinic. “We're proud to represent our clients, who stood up for their constitutional rights in order to protect the safety and dignity of transgender patients across the country. This outcome shows that in the United States of America, we don't tolerate Orwellian speech edicts.” The complaint was filed in the U.S. District Court for the District of Massachusetts by the Media Freedom and Information Access Clinic at Yale Law School, the American Civil Liberties Union, and the ACLU of Massachusetts.Court Case: Schiff v. Office of Personnel ManagementAffiliate: Massachusetts - Press ReleaseMay 2025
Free Speech
Immigrants' Rights
Ice Refuses To Allow Mahmoud Khalil To Hold His Newborn Son. Explore Press Release.ICE Refuses to Allow Mahmoud Khalil to Hold His Newborn Son
JENA, LA — In a decision that underscores the government’s ongoing retaliation against Mahmoud Khalil in response to his advocacy in support of Palestinian rights, officials from the U.S. Immigration and Customs Enforcement (ICE) and private prison contractor GEO Group have refused to allow a contact visit between him and his family. The officials cite a blanket no-contact visitation policy at the Central Louisiana ICE Processing Center (CLIPC) and unspecified “security concerns” relating to the presence of a mother and newborn baby in an unsecure part of the facility. ICE’s refusal comes after multiple requests from Mr. Khalil’s legal team that point to federal policies explicitly encouraging contact visits between detained parents and their children. Mr. Khalil’s team has also noted that permission for family visits like these are routinely granted at facilities like the Elizabeth Detention Center in New Jersey, where his attorneys have requested he be transferred. Mr. Khalil’s wife, Dr. Noor Abdalla, traveled over 1400 miles from New York to the Central Louisiana ICE Processing Center (CLIPC) in Jena, Louisiana, bringing their newborn child in the hopes of a contact visit — one where her husband could meet, touch, and hold his son for the very first time. Instead, facility administrators have repeatedly denied these requests and have insisted the visit proceed behind glass, where no human touch is possible. “I am furious at the cruelty and inhumanity of this system that dares to call itself just,” said Dr. Noor Abdalla. “After flying over a thousand miles to Louisiana with our newborn son, his very first flight, all so his father could finally hold him in his arms, ICE has denied us even this most basic human right. This is not just heartless. It is deliberate violence, the calculated cruelty of a government that tears families apart without remorse. And I cannot ignore the echoes of this pain in the stories of Palestinian families, torn apart by Israeli military prisons and bombs, denied dignity, denied life. Our struggle is not isolated. This system is unjust, and we will fight until Mahmoud is home." The facility's refusal contradicts ICE’s own directives, including ICE Directive 11064.3, which affirms the importance of minimizing disruptions to family life and preserving parental rights. The Performance-Based National Detention Standards (PBNDS) also explicitly encourage contact visits, especially where young children and long travel distances are involved. These very same standards are also routinely upheld in other states — including New Jersey — where detained parents are allowed daily visits and to embrace their children. Mr. Khalil has a motion pending before the federal court overseeing his case in New Jersey for his release and transfer to the Elizabeth Detention Facility, which is close to Mr. Khalil’s family. In a filing with that federal court today, he has made a request to that court to order ICE to permit a contact visit with his family. “The government chose to arrest and detain Mahmoud thousands of miles away in the Louisiana detention gulags to punish him for his support for Palestinian human rights, and is doubling down on their retaliatory punishment by denying him the most elementary human contact with his wife and child,” said Baher Azmy, legal director of the Center for Constitutional Rights. “ICE leadership and elected officials must act to remedy this grotesque and unnecessary inhumanity for Mahmoud – and for all others.” This denial comes just weeks after ICE denied Mr. Khalil’s request to be at his wife’s side as she went into labor, causing him to miss the birth of their son. ICE has also barred press access to his court hearing, refused to grant virtual access for those who want to listen, and blocked his attorney from using electronic materials during critical proceedings. “Mahmoud Khalil deserves to hold his son. Noor Abdalla deserves to see her husband meet their child. And we, as a country, deserve better than policies rooted in cruelty,” said Nora Ahmed, legal director of the ACLU of Louisiana. Despite this heartless decision, Dr. Abdalla still plans to attend her husband’s immigration hearing in person on Thursday, May 22. Mr. Khalil’s legal team will be holding a virtual press briefing tonight at 5:30 pm ET (register here).Court Case: Khalil v. TrumpAffiliates: New York, New Jersey - Press ReleaseMay 2025
Free Speech
Georgetown Scholar Dr. Badar Khan Suri, Reunited With His Wife And Children, Releases Statement. Explore Press Release.Georgetown scholar Dr. Badar Khan Suri, reunited with his wife and children, releases statement
ALEXANDRIA, Va. – After reuniting with his family on May 14, 2025 following a federal order that he be released from unlawful immigration detention in Texas, Dr. Badar Khan Suri and his wife Maphaz Saleh released the following statements today: Said Dr. Badar Khan Suri: “The moment I stepped out of the detention center, I inhaled deeply, a breath of freedom I had been deprived of for two, long months. That simple act, something so ordinary, felt extraordinary. As I looked around, my eyes met the faces of those who had stood by me. Their presence was powerful, their support unwavering. In that overwhelming moment, my heart swelled with emotion: I wanted to cry, not out of pain, but out of pure, uncontainable joy. It was a feeling of release, of being embraced by hope and solidarity after weeks of isolation. “After months of sorrow, loss, and pain, when I saw my kids, it was like an oasis in the desert, and in their arms I found my life again. It was a surreal experience: I forgot every suffering after hugging them. I was able to attain my freedom thanks to the dedicated efforts of my attorneys, and my steadfast faith in the Constitution and the judiciary. I hope very soon Mahmood will be holding his son, and all other students still in detention will reunite with their loved ones.” Said Maphaz Saleh: “I’m overwhelmed with gratitude to see the smiles back on my children’s faces. They missed their father more than words can express. Now that he’s finally back with them, their joy has returned. I wish I could give a heartfelt hug to the honorable judge, the attorneys, and every supporter whose efforts made this moment possible, a moment that should never have been delayed by injustice in the first place. And yet, our joy is not complete. We cannot truly celebrate while Mahmoud Khalil remains behind bars, unable to hold his newborn baby or stand beside his wife, who is no doubt carrying an unbearable burden in his absence. No parent should be separated from their children this way. No family should suffer under the weight of fear-driven policies. We will not stop speaking out. We will not rest until Mahmoud and every innocent soul behind those walls is free.” Previews of photos of their reunion at Dulles International Airport on May 14, 2025 are available here. To request high-resolution versions of the photos for media use, please contact press@acluva.org. About the ACLU of Virginia The ACLU of Virginia promotes civil liberties and civil rights for everyone in the Commonwealth through public education, litigation, and advocacy with the goal of securing freedom and equality for all. For more information on the ACLU of Virginia go to www.acluva.org.Affiliate: Virginia - Press ReleaseMay 2025
Free Speech
New Footage Confirms Ice Lied And Had No Reason To Detain Mahmoud Khalil. Explore Press Release.New Footage Confirms ICE Lied and Had No Reason to Detain Mahmoud Khalil
NEW YORK, NY – Newly released surveillance footage from Columbia University shows Mr. Khalil complied and cooperated with officers in his lobby on March 8 after ICE agents illegally entered his private Columbia-owned apartment building without a judicial warrant. This directly contradicts the Trump administration’s false claims that Mahmoud Khalil attempted to flee when Immigration and Customs Enforcement (ICE) officers illegally arrested him in retaliation for his advocacy for Palestinian rights. In light of the new video evidence, Mr. Khalil’s legal team filed a renewed request with the immigration court that his case be terminated based on ICE’s egregious actions in arresting Mr. Khalil without a warrant or any legal basis whatsoever. The video — obtained by Mr. Khalil’s legal team through a subpoena with which Columbia complied — supports previous statements and video footage taken by his U.S. citizen wife, Dr. Noor Abdalla, describing Mr. Khalil’s arrest as rogue and lawless. It confirms the Trump administration’s previous admission that ICE officers lied to Mr. Khalil about having a warrant when arresting him, and that the post-hoc any attempts by ICE to justify his arrest by alleging he tried to flee are unequivocally false. Shortly after Mr. Khalil’s illegal arrest, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his then pregnant wife and legal counsel. His legal team continues to challenge his arrest and continued detention as retaliatory and in violation of his rights under the First Amendment and due process. ICE denied Mr. Khalil’s request to be at his wife’s side as she went into labor last month, causing him to miss the birth of their son on Monday, April 21. An immigration hearing is scheduled for this Thursday. Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union (ACLU), the ACLU of New Jersey, and the ACLU of Louisiana. The following are quotes from Mr. Khalil’s legal team: “The world now knows ICE unconstitutionally arrested Mahmoud in retaliation for his defense of Palestinian rights and lives," said Ramzi Kassem, co-director of CLEAR. “After the government finally admitted that agents did not even have an administrative warrant for Mahmoud’s arrest, this video is the nail in the coffin of ICE’s lies: it shows, plain as day, that Mahmoud was calm and collected and that he never tried to run.” “The Trump administration can lie all they want, but this surveillance footage couldn’t be clearer: plainclothes, warrantless ICE agents ambushed Mr. Khalil in his lobby and he complied without any dispute or attempts to flee,” said Veronica Salama, staff attorney at the NYCLU. “During this horrifying 10-minute encounter, Mr. Khalil remained calm and cooperated — in fact, he turned to his 8-months pregnant wife, Dr. Noor Abdalla, and said, ‘Habibi, it’s fine.’ This footage only confirms what Mr. Khalil and Dr. Abdalla have said all along: that the ICE officers acted outside the law, and that this arrest was illegal and unjustified.” “The recently obtained footage further confirms that Mr. Khalil fully complied with the orders of the ICE officers conducting his illegal arrest, refuting the U.S. Department of Homeland Security’s (DHS) false assertions to the immigration court that he attempted to flee arrest,” said Johnny Sinodis who, with his partner Marc Van Der Hout, is representing Mahmoud Khalil in his immigration proceedings. “The egregious conduct of ICE in not only conducting this illegal arrest, but also lying about the circumstances to Mr. Khalil, his attorney, and the Court, require that his removal proceedings be terminated. Further highlighting ICE’s rampant illegality, a DHS whistleblower revealed just last week that DHS’s Office for Civil Rights and Civil Liberties (CRCL) initiated an investigation into Mr. Khalil’s unlawful, warrantless arrest days before that office was dissolved in March 2025, showing even DHS itself was concerned with the manner in which Mr. Khalil was taken into custody.” “The footage released today of Mahmoud Khalil’s arrest couldn’t be clearer – the Trump administration’s claims that Mr. Khalil resisted arrest are false,” said Amol Sinha, executive director at the ACLU of New Jersey. “His unlawful arrest is a result of deliberate targeting by the federal government in retaliation for his advocacy in support of Palestinian rights. It’s past time for the courts to release him and send him home.” “Claiming that Mahmoud tried to flee instead of acknowledging that they made an unlawful arrest is one of the government's tried-and-true tactics of blame shifting rather than taking responsibility for their actions,” said Amy Greer, associate attorney at Dratel & Lewis. “But we have proof that Mahmoud complied with law enforcement. Now it is time for the government to admit that it made an unlawful arrest, dismiss this case, and free Mahmoud. This unconstitutional persecution of his advocacy for Palestinian rights and freedom must end here and now.”Court Case: Khalil v. TrumpAffiliates: New Jersey, New York