Long-Running Legal Battle Over Free Speech in Schools May Be Settled by Supreme Court
The United States Supreme Court is deciding whether to take up the widely reported free expression case of middle schooler Liam Morrison of Massachusetts.
As of publication time, the Supreme Court has not said whether it intends to consider Morrison’s appeal.
The case arose in March 2023 when Morrison, then a 7th-grader at John T. Nichols Middle School in Middleborough, Massachusetts, came to a first-period gym class in a T-shirt with the words “There Are Only Two Genders” printed on the front.
The issue was that a teacher and school administrators determined that the wording on Morrison’s T-shirt violated the school dress code by targeting a protected class—LGBT students—in the area of gender identity.
His father, Christopher Morrison, sided with his son’s contention that it was his right to wear the shirt. The elder Morrison came to school and took Liam home.
Liam Morrison returned to school the next day wearing a different shirt without punishment.
Alliance attorneys and lawyers from the Massachusetts Family Institute are representing Liam Morrison, a minor, and his parents.
Explanation and Resolution Sought
Shortly after the incident, Christopher Morrison contacted school officials seeking a further explanation.
He was reminded that he and his wife had signed a copy of the dress code, which states in part: “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,” according to the petition.
The Morrisons denied the message on Liam’s shirt is “hate speech,” saying in the petition it is a general statement not directed at any individual or group.
An Alternate View
Liam and his parents knew that his opinion ran contrary to the school’s official orthodoxy on gender, a dogma Liam said that “in good conscience” he could not accept.
His attorneys asked school officials to respect his view and allow him to continue to express his beliefs through what they described as a passive, non-threatening message on his T-shirt.
The demand letter stated that Liam Morrison intended to wear his T-shirt again, and it put the school on notice that hindering him from wearing it was a violation of his constitutional rights.
If Liam’s right to free expression was not respected, “it may be necessary to take legal action against the school district,” the letter said.
A day later, Liam Morrison wore the T-shirt to school, but this time the words “Only Two” were taped over and replaced with the word “Censored.”
The T-shirt read, “There Are CENSORED Genders.”
Alleged Viewpoint Discrimination
On May 19, 2023, the Morrisons filed a verified complaint against the Middleborough Public Schools in the United States District Court for the District of Massachusetts Eastern Division, accusing them of violating Liam’s right of free expression.
The complaint stated that the United States Constitution protects Morrison’s free expression “by prohibiting the government from adopting and enforcing a set of approved views on these matters in America’s public schools.”
Morrison alleges that John T. Nichols Middle School has done just that in dealing with the topic of gender.
He contends the school’s demonstrated approved view is that a person’s subjective identity determines whether a person is male or female, not a person’s sex.
According to Morrison, any deviation from this official orthodoxy is prohibited in school, while affirming speech on the topic is celebrated.
Morrison’s complaint argued that his shirt caused no disruptions.
A Clash of Rights
The school replied that it had received complaints from staff and students about the message on Morrison’s shirt, contending that it infringed on the rights of trans and gender non-conforming students, who are a protected class under Massachusetts law.
The federal district court found in favor of the school, and Morrison appealed the decision to the First Circuit Court of Appeals.
During the appeal, the school acknowledged that there were no disputes of fact in the case.
Attorneys for the school presented evidence that 20 students said in a survey that they had concerns about the school environment for LGBT students, and that 10 to 20 students participated in the Gay Straight Alliance Club at Nichols Middle School.
The administrators contended that school was a unique environment composed of “an immature and captive audience,” in which violations of the “right to be left alone” interfere with their “right to learn.”
They argued that the demeaning of personal characteristics crushes a child’s sense of self-worth and impedes the ability to learn.
The concern of school officials over the suicide rate and the rise in suicidal ideation among transgender and gender-nonconforming students weighed heavily upon the court’s decision.
In its 70-page ruling dated June 9, 2024, the First Circuit Court of Appeals upheld the ruling of the district court denying the right of Morrison to wear his T-shirt in school.
The decision noted that the latitude of freedom of speech is not as broad in the school environment as it is out in the community at large, and affirmed that school officials should determine the appropriateness of speech in their unique settings and circumstances free from judicial interference.
The battle lines are now drawn for a fight in the U.S. Supreme Court, if the high court decides to take up the case.
An amicus brief opposing Morrison’s position has been filed by the American Civil Liberties Union of Massachusetts, Massachusetts Association of School Superintendents, GLBTQ Legal Advocates and Defenders, and the NAACP Legal Defense and Education Fund.
Attorneys general from 18 states, along with numerous conservative organizations, such as the Pacific Justice Institute, Parents Defending Education, and the Religious Broadcasters Association, have filed an amicus brief supporting Morrison’s right to free expression.
