In a recent ruling on June 16th, a Federal Judge, Indira Talwani, determined that the First Amendment does not protect the right of 12-year-old Liam Morrison to express his opinion through a t-shirt while attending a public school in Massachusetts.
Judge Talwani asserted that the school administrators acted within their authority by interpreting the statement “THERE ARE ONLY TWO GENDERS” on Morrison’s t-shirt as potentially conveying the notion that only male and female genders are valid, while disregarding or negating any other genders.
Additionally, the judge, who was appointed by Barack Obama, supported the Middleborough school’s argument that the message displayed on Morrison’s t-shirt, which stated a biological fact, could be perceived as an attack on the identities of other students.
As previously reported by Breaking Digest, Morrison was sent home for refusing to change his T-shirt that accurately said, “There Are Only Two Genders.”
Morrison then blasted the school board over the hypocrisy of him being harassed by staff over a shirt that states a fact, yet leftists are permitted to express their views at the school.
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On May 5, 2023, Morrison attempted to circumvent the rule by wearing the same t-shirt, but this time he covered the words “ONLY TWO” with a piece of tape that had the word “CENSORED” on it. However, the school still determined that this action constituted bullying towards a “protected class.”
After exhausting available administrative avenues without finding a satisfactory resolution, Morrison’s father and stepmother provided assistance to their son, Liam, in filing a lawsuit against the school district, Superintendent Carolyn Lyons, and Nichols Middle School Principal Heather Tucker.
The lawsuit claimed that the school’s actions violated the plaintiff’s rights under the First and Fourteenth Amendments. It also highlighted that Nichols Middle School regularly recognizes events such as “Pride Month” and “Pride Day” to show support for the LGBTQ+ community.
Judge Talwani determined that the original message on the shirt did not fall under protected speech. Additionally, she explained that the modified shirt with the taped message not only protested censorship but also intruded upon the rights of other students.
Despite multiple students joining in solidarity by wearing the same shirt, Judge Talwani concluded that granting injunctive relief would not serve the public interest.
“By contrast,” Talwani explained, “Defendants point to statutes passed by the Massachusetts Legislature prohibiting discrimination, bullying, or harassment in schools based on gender identity or expression, as well as directives from the Massachusetts Department of Elementary and Secondary Education requiring that schools provide a safe environment to progress academically and developmentally regardless of gender identity.”
It is yet to be determined whether Liam Morrison and his family will pursue any additional legal actions.