L.M. v. Middleborough (D.Mass. 2023):
On March 21, 2023, L.M. attended school at Nichols in a t-shirt with the message “THERE ARE ONLY TWO GENDERS” (the “Shirt”). L.M. Aff. ¶ 14 [Doc. No. 43].1 While L.M. was participating in gym class, Principal Tucker asked L.M. to come speak with her. Id. at ¶ 15; Tucker Aff. ¶ 6 [Doc. No. 46]. Tucker informed L.M. that he could not wear the Shirt because of complaints, and that he could either remove the Shirt or discuss it further in another room. L.M. Aff. ¶ 15 [Doc. No. 43]; Tucker Aff. ¶ 6 [Doc. No. 46]. L.M. indicated he would like to discuss it further and Tucker escorted him to another room, where the school counselor joined the conversation. L.M. Aff. ¶ 16 [Doc. No. 43]; ...
Here, the School’s rational for prohibiting the Shirt is not that LM is bullying a specific student, but that a group of potentially vulnerable students will not feel safe. A broader view directed at students’ safety has been acknowledged by other courts.
Do not hurt anyone's feelings justifies censorship. Wait until some school bans rainbow flag T-shirts.
I respect exactly one more number of genders than that school district respects number of opinions.
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