When a middle school in Massachusetts punished a boy for wearing a shirt stating “There are only two genders,” YAF filed an amicus brief to argue the punishment violated the student’s Free Speech rights. This case is important to YAF because it presents the court an opportunity to check viewpoint-based censorship by school officials. School children should not be punished or treated differently for expressing a view that conflicts with the common orthodoxy of their classmates or teachers. If the government is permitted to regulate speech based on viewpoint, classrooms will miss out on profitable discussions, and individual students will self-censor for fear of reprisal. In adulthood, these students will find it hard to believe in the American experiment because government actors will have stripped them of fundamental freedoms in their formative years.
Date commenced: October 2, 2023
Court: United States Court of Appeals for the First Circuit
Partner: Life Legal Defense Foundation
Brief: L.M. v Town of Middleborough, Massachusetts
