Student fights to wear ‘Two genders only’ shirt in appeals court
Attorneys Fight for Student’s Right to Free Speech in Gender T-Shirt Case
Oral Arguments to be Heard at U.S. Court of Appeals for the 1st Circuit
Attorneys representing a brave middle school student will be making their case in Boston on Thursday at the U.S. Court of Appeals for the 1st Circuit in L.M. v. Town of Middleborough. The student, Liam Morrison, found himself at the center of controversy when his school prohibited him from wearing a T-shirt that boldly stated, “There are only two genders.”
Morrison, a student at Nichols Middle School, wore the shirt in 2023 and was promptly instructed by school officials to remove it or face being sent home. In response, a lawsuit was filed in May 2023 by the Alliance Defending Freedom (ADF) and the Massachusetts Family Institute on behalf of Morrison, arguing that his freedom of speech was being violated.
The ADF attorneys are now seeking a ruling from the court that the student’s First Amendment rights were indeed violated. They are also urging the court to put an end to the school’s unconstitutional dress code policy, which discriminates against students based on their viewpoints.
“Students don’t lose their free speech rights the moment they walk into a school building,” emphasized ADF Senior Counsel and Vice President of U.S. Litigation, David Cortman. “This case isn’t about T-shirts; it’s about a public school telling a middle-schooler that he isn’t allowed to express a view that differs from their own.”
Cortman further highlighted the school’s hypocrisy, stating, “The school actively promotes its view about gender through posters and ‘Pride’ events. And it encourages other students to wear T-shirts expressing messages about gender. At the end of last school year, another student wore a shirt that said, ‘He she they, it’s all okay.’ That was allowed, even though just a few weeks before they punished L.M. for his ‘There are only two genders’ shirt simply because it did not align with their preferred beliefs.”
In an act of protest, when school officials attempted to censor Morrison’s shirt, he chose to wear an altered version that read, “There are [censored] genders.” However, upon his return to school, he was immediately sent to the principal’s office.
In June 2023, a judge in the U.S. District Court for the District of Massachusetts denied Morrison’s attorneys’ request for a temporary injunction, which would have suspended the school’s ability to prohibit Morrison from expressing his views on gender. ADF later filed a notice of appeal in August after a court ruled against the student’s freedom of speech.
“We are urging the court to rule that free speech belongs to all, not some,” emphasized Cortman.
How does this case raise questions about the balance between free speech rights and the responsibility of schools to create an inclusive and respectful educational environment
Ch had been violated.
The case has gained significant attention due to its implications for students’ right to free speech and the ongoing debate surrounding gender identity. Supporters argue that Morrison should have the right to express his beliefs and opinions, even if they are controversial or go against the prevailing narrative. They believe that by preventing him from wearing the T-shirt, the school infringed upon his constitutionally protected right to free speech.
On the other hand, opponents argue that the school has the right to regulate student expression to maintain a safe and inclusive learning environment. They contend that allowing Morrison to wear the T-shirt could have a detrimental effect on other students, particularly those who identify outside of the traditional male-female gender binary. They argue that the school’s decision was necessary to protect the well-being and emotional welfare of all students.
The case has raised important questions about the balance between free speech rights and the responsibility of schools to create an inclusive and respectful educational environment. It highlights the tension between individual freedoms and the need to foster a sense of community and respect for diversity within schools.
The U.S. Court of Appeals for the 1st Circuit will now have the opportunity to weigh in on this complex issue. Attorneys from both sides will present their oral arguments, outlining their positions and attempting to sway the judges in their favor. The outcome of this case could have far-reaching consequences for students’ right to express their opinions in schools across the country.
The Alliance Defending Freedom (ADF) and the Massachusetts Family Institute, who are representing Morrison, are expected to argue passionately for the protection of free speech rights. They contend that the school’s decision to censor Morrison’s expression goes against the fundamental principles of the First Amendment.
Conversely, the school district is likely to argue that their decision to prohibit Morrison from wearing the T-shirt was justified. They may present evidence to support their claim that allowing such expression could create a hostile environment for transgender and gender non-conforming students.
It is now up to the judges of the U.S. Court of Appeals for the 1st Circuit to carefully consider these arguments and make a ruling that strikes a balance between free speech and the need to maintain a safe and inclusive learning environment for all students.
Regardless of the outcome, this case serves as an important reminder of the ongoing debates and legal battles surrounding the right to free speech in educational settings. It highlights the complexities and challenges faced by schools in navigating competing interests and ensuring that all students feel respected and included. As our society continues to grapple with issues of identity, it is crucial that we find ways to encourage open dialogue and the respectful exchange of ideas while also ensuring a safe and supportive learning environment for all students.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
Now loading...