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https://www.bostonlawyerblog.com/first-circuit-upholds-dress-code-prohibiting-there-are-only-two-genders-shirt/
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First Circuit Upholds Dress Code Prohibiting “There are Only Two Genders” Shirt
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Yesterday, the First Circuit issued its decision in L.M. v. Middleborough et al., a case we discussed previously on this blog. The case concerned whether a public middle school could prohibit a student from wearing a t-shirt that said “There are only two genders.” The district court had held that the school could, relying on the seminal case of Tinker v. DeMoines Independent Community School District. Tinker had established that schools could restrict student speech where that speech either created a material disruption to the school environment or invaded the rights of other students. In L.M., the District Court held that the Middleborough school could prohibit the t-shirt because it invaded the rights of trans and nonbinary students who had a right to attend school without their identities being attacked. In reviewing the case on appeal, the First Circuit held that under Tinker, public schools can regulate passive, expressive messages that do not target a...
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