{"id":6276,"date":"2025-06-04T20:39:18","date_gmt":"2025-06-04T20:39:18","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/supreme-court-declines-to-hear-case-related-to-student-speech-justia-news-june-4-2025\/"},"modified":"2025-06-04T20:39:18","modified_gmt":"2025-06-04T20:39:18","slug":"supreme-court-declines-to-hear-case-related-to-student-speech-justia-news-june-4-2025","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/supreme-court-declines-to-hear-case-related-to-student-speech-justia-news-june-4-2025\/","title":{"rendered":"Supreme Court Declines to Hear Case Related to Student Speech \u2014 Justia News \u2014 June 4, 2025"},"content":{"rendered":"\n
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On Tuesday, May 27, 2025, the United States Supreme Court issued an opinion denying writ of certiorari in a lawsuit related to a Massachusetts public school student\u2019s t-shirt opining on gender identity.<\/p>\n

In March 2023, L.M. wore a t-shirt reading \u201cThere Are Only Two Genders\u201d while attending John T. Nichols Middle School in Middleborough, Massachusetts. The student was told that he could not wear the shirt at school and that he could not return to class if he did not remove the shirt. The student\u2019s father was called to explain the situation. L.M.\u2019s father stood by his son\u2019s decision not to remove the shirt, and L.M. was taken home.<\/p>\n

In April 2023, the student\u2019s father emailed the school asking for an explanation of the problem with the shirt. The school responded that L.M. had not been, and would not be, disciplined for wearing the shirt. Rather, the school was enforcing its dress code, which prohibits clothing targeting students of a protected class. The student\u2019s lawyer sent the school a letter later in April asserting that the school had violated the student\u2019s free speech rights. The school\u2019s legal counsel replied stating that the school\u2019s actions were justified under applicable legal authorities. L.M. then became the subject of local and national news coverage.<\/p>\n

In early May 2023, L.M. wore the same shirt to school, but the shirt had the words \u201cOnly Two\u201d covered by tape. The piece of tape had \u201cCENSORED\u201d written on it, covering \u201cOnly Two.\u201d L.M. claimed that he wore the shirt to protest the school\u2019s decision preventing him from wearing the shirt since other students were permitted to express differing views on gender. L.M. was once again brought to the school\u2019s office and barred from wearing the shirt. He ultimately took the shirt off and returned to class. A few days later, two other students wore similar \u201cThere Are Only Two Genders\u201d t-shirts to school. L.M. informed them that they could not wear the shirts. One student removed the shirt and returned to class, while the other student refused to comply.<\/p>\n

L.M. sued school officials and the town of Middleborough in the U.S. District Court for the District of Massachusetts. The district court ultimately ruled in favor for the school officials and Middleborough since the school enforced its dress code \u201cto protect [against] the invasion of the rights of other students to a safe and secure educational environment.\u201d L.M. appealed the decision to the U.S. Court of Appeals for the First Circuit. The First Circuit affirmed the decision of the lower court, writing that \u201c[t]he question here is not whether the t-shirts should have been barred. The question is who should decide whether to bar them \u2014 educators or federal judges. . . we cannot say that in this instance the Constitution assigns the sensitive (and potentially consequential) judgment about what would make \u2018an environment conducive to learning\u2019 at [the school] to us rather than to the educators closest to the scene.\u201d<\/p>\n

Justices Thomas and Alito dissented to the Supreme Court\u2019s decision to deny the writ of certiorari.<\/p>\n

Additional Reading<\/strong><\/p>\n

US Supreme Court rejects case about student\u2019s \u2018There are only two genders\u2019 T-shirt<\/a>,\u00a0Reuters<\/em> (May 27, 2025)<\/p>\n

First Circuit Opinion in L. M. v. Town of Middleborough, Massachusetts<\/em>, No. 23-1535 (1st Cir. 2024)<\/a><\/p>\n

Opinion Denying Writ of Certiorari in L. M. v. Town of Middleborough, Massachusetts<\/em><\/p>\n

Photo Credit:\u00a0<\/strong>Vitstyle \/ Shutterstock.com<\/p>\n<\/div>\n