Middleboro student appeals in free speech 'two genders' shirt case

MIDDLEBORO — A judge may have ruled against a Middleboro middle schooler who says he has a First Amendment right to wear a "There are only two genders" T-shirt to school — but it's not over.

The United States District Court of Massachusetts ruled on June 16 against Morrison's request for a preliminary injunction that would have forbidden the school from banning his T-shirt while the case is pending.

Then in July both sides agreed to ask the court to convert that preliminary ruling into a final judgment against Morrison — thus paving the way for an appeal to a higher court.

“This isn’t about a T-shirt. This is about a public school telling a middle-schooler that he isn’t allowed to express a view that differs from the school’s orthodoxy,” said Legal Counsel Logan Spena from the Alliance Defending Freedom (ADF) — the organization representing Morrison.

In March, staff pulled Morrison from class and sent him home when he wore a black T-shirt to class reading, "There are only two genders." In May, he wore the same T-shirt to school again with the words "only two" taped over, replaced with the word "censored." The school required him to remove the T-shirt or be sent home again.

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“Public school officials can’t force Liam to remove a shirt that states his position when the school lets every other student wear clothing that speaks on the same issue. Their choice to double-down and silence him when he tried to protest their censorship is a gross violation of the First Amendment that we’re urging the 1st Circuit to rectify,” Spena said in a written statement Friday.

Then-Acting Principal Heather Tucker told Morrison the shirt violated the school's dress code — which states that “clothing must not state, imply, or depict hate speech or imagery that target groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification.”

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Carolyn Lyons, Middleboro superintendent of schools, told Morrison and his father that the message on his shirt "targeted a protested class of students; namely in the area of gender identity."

At a hearing on July 12, both parties requested that the court finalize the June 16 ruling against Morrison so ADF could file an appeal.

"They agree that further evidentiary hearings would serve little purpose and that the interests of the Parties—and resources of the Court—will be better served by an appeal from a final judgment," said the joint motion for entry of final judgment.

Lawyers representing Liam Morrison, the Nichols Middle School student who sued school and town officials after being sent home for his "There are only two genders" T-shirt, filed a notice of appeal on Friday, Aug. 4.

The lawsuit sparked a major debate among parents in Middleboro, who spoke out passionately at a School Committee meeting in May on both sides of the issue, in support of school officials, on the one hand, and Morrison on the other.

In June, The Enterprise reported that a bullying epidemic at Nichols Middle has caused physical damage to the building and prompted students and the superintendent to call for intervention.

The superintendent of schools and school committee chair could not immediately be reached for comment on the appeal Friday afternoon.