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From The Hill: The Supreme Court on Tuesday declined to hear a student’s challenge to his school district blocking him from wearing a T-shirt to class that reads, “There are only two genders.”
Justices Clarence Thomas and Samuel Alito, two of the court’s leading conservatives, indicated they would’ve reviewed the student’s case, saying the lower courts were distorting the First Amendment.
“If a school sees fit to instruct students of a certain age on a social issue like LGBTQ+ rights or gender identity, then the school must tolerate dissenting student speech on those issues,” wrote Alito, joined by Thomas.
Lower courts held that the school’s ban doesn’t conflict with the Supreme Court’s famous 1969 decision, Tinker v. Des Moines, that permitted students to wear armbands protesting the Vietnam War, ruling they don’t “shed their constitutional rights” when they enter “the schoolhouse gate.”
Alliance Defending Freedom, a Christian conservative legal firm who is representing the student, posted a video of the boy on Sunday, who identified himself as Liam Morrison, an 8th-grader at Nichols Middle School in Middleborough, Massachusetts.
WATCH THIS, and remember, the Supreme Court has refused to even hear his case:
We’re praying the Court agrees to hear this important case—for Liam, and for every student who deserves the freedom to speak the truth.
🏛️ Follow our pending and active SCOTUS cases here: https://t.co/EYO5c9nmaV pic.twitter.com/DdKZRgJ9OO
— Alliance Defending Freedom (@ADFLegal) May 25, 2025
After the Supreme Court declined to hear the case, Alliance Defending Freedom announced:
‼️BREAKING‼️SCOTUS declines to hear ‘There are only two genders’ T-shirt case.
“We’re disappointed the Supreme Court chose not to hear this critical free speech case. As Justice Alito recognized: ‘The case presents an issue of great importance for our Nation’s youth.’ Students don’t lose their free speech rights the moment they walk into a school building.
Here, the school actively promotes its view about gender through posters and ‘Pride’ events, and it encourages students to wear clothing with messages on the same topic—so long as that clothing expresses the school’s preferred views on the subject.
@ADFLegal will continue to defend the rights of students to speak freely on important issues of the day without government censorship.” – ADF’s Senior Counsel and Vice President of U.S. Litigation David Cortman
‼️BREAKING‼️SCOTUS declines to hear ‘There are only two genders’ T-shirt case.
“We’re disappointed the Supreme Court chose not to hear this critical free speech case. As Justice Alito recognized: ‘The case presents an issue of great importance for our Nation’s youth.’ Students… pic.twitter.com/stQNfyVN8p
— Alliance Defending Freedom (@ADFLegal) May 27, 2025
Seth Dillion, CEO of The Babylon Bee, wrote in disgust, “This is ridiculous. Both the truth and the right to express it are under attack in our schools, but the Supreme Court has declined to take the case.”
This is ridiculous. Both the truth and the right to express it are under attack in our schools, but the Supreme Court has declined to take the case. https://t.co/up83L5WPmY
— Seth Dillon (@SethDillon) May 27, 2025
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