Two Free Speech/Gender Identity/Sexual Orientation Cert. Petitions that the Court Will Consider Friday
[1.] In L.M. v. Town of Middleborough (briefs at link, if you’re interested), the question presented is:
L.M. is a student whose public school promoted the viewpoint that sex and gender are limitless, based on personal identity, and have no biological foundation. The school invited students to voice their support for this view. But L.M. disagreed and responded by wearing a t-shirt to class that said “There are only two genders.” After the school censored him, he wore a protest t-shirt that said “There are [censored] genders.” Despite no past or present disruption, the school district prohibited both t-shirts.
The district court upheld this censorship based on the rights-of-others prong in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). The First Circuit affirmed based on Tinker‘s substantial-disruption prong, though it said L.M.’s t-shirts likely failed the rights-of-others prong too, applying a novel test for ideological s
Article from Reason.com
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