Free Speech on Campus
Professor Lee Epstein and Chancellor Andrew D. Martin
Political Science 3342
Spring 2026
Group 4. T-Shirt Taboos
(TA: Caroline Piskurich)
(Adapted from cert briefs filed in L.M. v. Town of Middleborough, Massachusetts)
On March 21, 2023, L.M., a seventh-grade student at a public school in Massachusetts, showed up to class wearing a black t-shirt with the words “There Are Only Two Genders” printed in bold letters. L.M. said he wore the shirt to express his personal belief that gender is synonymous with biological sex and that there are only two. Apparently, no student became visibly upset or objected to L.M.’s message, and the t-shirt caused no disruption.
A teacher flagged the shirt to the school’s assistant principal, citing concerns about the safety of both L.M. and other students. L.M. was pulled from class and told the shirt violated the school’s dress code policy.
The dress code stated, in part, the following:
Clothing must not state, imply, or depict hate speech or imagery that target[s] groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification.
Any other apparel that the administration determines to be unacceptable to our community standards will not be allowed.
L.M. refused to remove the shirt and was sent home. He was not formally disciplined.
Less than a month later, on April 13, 2023, protestors appeared outside the entrance of the school, holding signs displaying the messages “There are only two genders” and “Keep woke politics out [of] our schools.” Although the protestors were not on school property, they were visible to students as they entered school grounds. The school’s superintendent received complaints from members of the school’s LGBTQ+ community about the protestors’ signs. The next day, counterprotests were held outside NMS with signs supporting transgender students. The superintendent also received complaints from community members about these messages.
Meanwhile, L.M.’s t-shirt became the subject of substantial discussion on social media among students, parents, and others, and was featured on several news programs.
On April 27, L.M.’s attorney sent Superintendent Lyons a letter asserting that L.M. had a First Amendment right to wear the t-shirt at school and that he intended to wear it to school again on May 5, 2023. The school district’s legal counsel responded that Massachusetts law “provides protection against discrimination, harassment, and bullying on the basis of gender identity,” and that such protections are appropriate to prevent conduct that is “reasonably likely to lead to a disruption of [school] operations.” Around the same time, on May 4, 2023, the parent of a transgender student appeared before a school committee to express fears for her child’s safety.
The next day, on May 5, 2023, L.M. returned to school wearing the same shirt, but this time he had covered the words “Only Two” with a strip of tape that read “CENSORED.” School administrators again asked him to remove the shirt. L.M. removed the shirt and returned to class.
Later, two other students arrived at school wearing a “There Are Only Two Genders” t-shirt. One student complied when asked to remove it and returned to class. The other student refused, and their parents were called. Neither student was formally disciplined.
On June 1, 2023, the school began celebrating “Pride Month.” The same day, L.M. wore a t-shirt stating “Freedom Over Fear,” which the school did not ask him to remove. On other occasions, L.M. wore shirts to school displaying messages including “Don’t Tread on Me,” “First Amendment Rights,” and “Let’s Go Brandon”—none of which he was asked to remove. L.M. was also not disciplined for any of his off-campus statements or asked to refrain from speaking about the t-shirt or posting on social media while off campus.
To help you prepare your class presentation:
Review your notes and readings, especially on classic justifications for free speech, as well as doctrine on Student Speech and View Point-Based Regulations (pages 78-86 and 89-93 in Free Speech: A Campus Toolkit)
Read these articles for more on the controversy: Mark Walsh, “Supreme Court Won’t Hear ‘Two Genders’ Student T-Shirt Case’,” Education Week, May 27, 2025; and Adam Liptak, “Justices Allow School to Bar Student From Wearing ‘Only Two Genders’ Shirt, New York Times, May 27, 2025
Read addtional commentary on t-shirts and dress codes more generally: Jill K. Osborne, “Controversial Student T-shirts and School Discipline” (undated); Jonathan Zimmerman, “Fear, Loathing, and Dress Codes in American Schools,” October 1, 2021; Heidi Tepp, “Does Restricting Student Apparel Restrict Student Speech? Recent Guidance From a Wisconsin Federal Court,” (undated).
Your presentation should address the following (applying the tools we considered in class):
SUBGROUP 1. After briefly summarizing the controversy, defend the position that a secondary school must be able to limit speech in the interest of protecting the well-being of all students, and explain why the school’s policy, seemingly adopted for that purpose, is consistent with the First Amendment and sound public policy.
SUBGROUP 2. Defend the position that schools should never censor students’ ability to express their own deeply held beliefs when not accompanied by individualized bullying or aggression, and explain why the school’s policy, is inconsistent with the First Amendment and sound public policy.