Kansas Attorney General Kris Kobach has joined an amicus brief challenging a Massachusetts school district’s decision to prohibit a middle school student from wearing a T-shirt reading “There are only two genders.”
Kobach, alongside 18 states led by South Carolina and West Virginia, is urging the U.S. Supreme Court to review the case, arguing it infringes on the student’s First Amendment rights.
The case references the landmark Tinker v. Des Moines (1969) decision, which affirmed that students retain their right to free speech in public schools, provided it doesn’t “materially and substantially” disrupt the school environment or infringe on others’ rights.
In this instance, the school’s actions were supported by a federal appeals judge, who ruled that schools have leeway to regulate language deemed offensive to personal identities. However, Kobach argues that the school’s actions undermine First Amendment protections, asserting that “the right to free speech does not disappear inside a school building.”
The Supreme Court is being asked to clarify the balance between free speech rights and a school’s authority to maintain a respectful, inclusive environment.
