WASHINGTON — May 28, 2025 — The U.S. Supreme Court on Tuesday declined to hear a case involving a Massachusetts middle school student who said his First Amendment rights were violated when school officials barred him from wearing a T-shirt that read, “There Are Only Two Genders.”
The justices did not provide an explanation for rejecting the appeal, which leaves in place a lower court ruling upholding the school’s decision. Justice Samuel Alito dissented, joined by Justice Clarence Thomas, warning the case could set a concerning precedent for student free speech protections.
The case stems from a March 2023 incident at Nichols Middle School in Middleborough, where the seventh-grade student was removed from class and sent home after refusing to change or remove the shirt. School administrators cited student complaints and said the message caused disruption.
The student later wore a second shirt reading “There Are CENSORED Genders” in protest, which the school also barred.
A federal judge and the 1st Circuit Court of Appeals sided with the school, ruling that administrators have the authority to limit speech that may be disruptive or infringe on the rights of others—particularly when it involves messages that may be perceived as targeting a group.
Justice Alito, in his dissent, stated that “thousands of students will attend school without the full panoply of First Amendment rights,” urging the Court to clarify the balance between school authority and student expression.
Colleges and schools have increasingly been at the center of national debate over free speech and gender identity, with multiple legal battles pending before the high court this term.
The Supreme Court’s decision not to hear the T-shirt case means the lower court’s ruling upholding the school’s action remains the final word.
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