WASHINGTON D.C. — Today, Independent Women’s Law Center (IWLC) filed an amicus brief in the U.S. Supreme Court, supporting the petition for certiorari in L.M. v. Town of Middleborough, a case about whether a student can wear a t-shirt that expresses that sex is binary. The First Circuit appeals court ruled the student may not wear this shirt, concluding, “the record supports as reasonable an assessment that the message in this school context would so negatively affect the psychology of young students with the demeaned gender identities that it would “poison the educational atmosphere” and so result in….substantial disruption.”
IWLC’s brief argues that the First Circuit’s decision violates the First Amendment, which prohibits the government from censoring students out of concern speech might offend other students. IWLC’s brief highlights the need for the Supreme Court to reaffirm that student speech may only be restricted if it causes a material disruption to school activities or invades the rights of others, consistent with Tinker v. Des Moines. The brief further emphasizes that schools are essential venues for students to engage with diverse viewpoints and that censoring unpopular ideas impairs students’ preparation for active participation in a pluralistic society.
May Mailman, director of the Independent Women’s Law Center, said, “Overturning the First Circuit’s ruling is critical to protect the freedom to speak the truth, especially in our schools. When schools censor perspectives on the sex binary solely because other students are committed to gender ideology, they not only violate the First Amendment but also set a dangerous precedent against open dialogue. The Supreme Court’s intervention is needed to safeguard the principle that schools cannot silence expressions of truth, even when those beliefs challenge popular narratives.”
The brief argues:
- A school district cannot punish a student who expresses a sincere belief that sex is binary simply because he may contradict the beliefs and self-conceptions of other students.
- L.M.’s shirt silently and passively conveyed a message of “pure ideology” without targeting any individuals or criticizing those who held opposing opinions.
- The foundational principle of court precedent on school speech is that schools must protect the non-disruptive expression of unpopular ideas so that students learn to live in a pluralistic society and civilly engage in political discourse.
For more information about IWLC and its work in support of equal opportunity, individual liberty, and freedom of expression, please visit www.iwf.org.
Read the full amicus brief HERE.
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Independent Women’s Forum is dedicated to developing and advancing policies that aren’t just well intended, but actually enhance people’s freedom, choices, and opportunities.
Independent Women’s Law Center advocates for equal opportunity, individual liberty, and the continued legal relevance of biological sex.