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Excerpt:The Supreme Court let stand a lower court decision that allowed a public school in Massachusetts to prevent a 7th grader identified in court documents as “L.M.” from wearing a T-shirt that read, “There are Only Two Genders.”
The student was given the option of removing the shirt or going home. When he returned, he was wearing a shirt that read, “There Are CENSORED Genders.” Rather than miss more school, the student took off the shirt.
The parents sued on First Amendment grounds but were denied relief by an appeals court.
Justices Samuel Alito and Clarence Thomas wrote a scorching dissent based on the First Amendment rights enjoyed by students. That right was codified in a 1969 decision, Tinker v. Des Moines Independent Community School District, where the Supreme Court allowed students to wear a black armband to protest the Vietnam War.
Justice Abe Fortas famously wrote that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The exception Fortas cited was “disruptive speech.”
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