
Thus upholds circuit court decision that shirt was ‘reasonably interpreted to demean’ others
The U.S. Supreme Court has declined to hear the appeal of a middle school student who was banned from wearing a “There Are Only Two Genders” t-shirt at school.
Over two years ago, seventh-grade honor student Liam Morrison was prohibited from wearing the shirt based on Nichols Middle School’s speech code.
The code says “clothing must not state, imply, or depict hate speech or imagery that target groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification.”
Morrison (pictured) refused to change his shirt as ordered by administration, and thus was sent home. He later wore a “There Are CENSORED Genders” shirt which was met with the same discipline.
Morrison eventually sued the town of Middleborough, the “school committee, superintendent, and principal,” alleging violation of his First Amendment rights.
The suit claimed that under the speech policy, Middleborough Public School officials could “censor expression that they deem inappropriate or that they subjectively determine targets a certain group even if this expression is not materially and substantially disruptive.”
Massachusetts Lawyers Weekly notes the 1st U.S. Circuit Court of Appeals upheld a federal judge’s dismissal of Morrison’s suit; the SCOTUS, by refusing to hear the appeal, leaves the 1st Circuit decision intact.
The 1st Circuit said in part that while Morrison’s shirt didn’t “target” a specific student, the school is justified in banning such messages if “the expression is reasonably interpreted to demean one of those characteristics of personal identity; and […] the demeaning message is reasonably forecasted to ‘poison the educational atmosphere.’”
MORE: Teacher kicks student out of class, argues with him for stating there are only two genders
Defendants’ attorney Deborah Ecker said SCOTUS’s refusal to hear the case showed it “focused on the precedent of Tinker [v. Des Moines Independent Community School District] and the cases that have followed.”
But Foundation for Individual Rights and Expression (FIRE) co-founder Harvey Silverglate disagreed, saying Morrison’s situation is “the simplest of cases” and “a clear violation of Tinker.”
“The infection of political correctness is very dangerous in our society,” Silverglate said. “If we can’t listen to opinions or [allow] demonstrations that bother us, we are training our students to be little hot-house flowers.”
He added “When they graduate, they are going to encounter all kinds of hate speech and ideas they find abhorrent.”
Justices Thomas and Alito offered dissents in the SCOTUS denial of certiorari. The former said Morrison’s shirt “plainly did not create a ‘material disruption,” while the latter claimed the 1st Circuit “cherry-pick[ed] which First Amendment principles it thought worthy of allowing through the schoolhouse gates.”
Alito also said “absent a ‘specific showing’ of such a [classroom] disruption—like ‘threats or acts of violence on school premises’—this justification for suppressing student speech does not apply.”
MORE: University backs off punishing student who said there are two genders. For now.
IMAGE CAPTION & CREDIT: Liam Morrison in his “Two Genders” t-shirt; Alliance Defending Freedom
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