Palmetto State News

South Carolina Attorney General Alan Wilson has filed a friend-of-the-court brief with the U.S. Supreme Court, joined by 17 other states, aiming to safeguard students' First Amendment free speech rights. This action follows an incident involving a middle school student in Massachusetts who was prohibited from wearing a t-shirt with the message, “There are only two genders.” When the student altered the shirt's message to read, “There are only (censored) genders,” it was also banned by school officials.

Attorney General Wilson stated, “Free speech is protected even for t-shirts and even in school.” He further argued that the school's actions represented "viewpoint discrimination in public schools," especially since the institution promoted gender identity theory within classrooms. Wilson referenced a 1969 Supreme Court decision affirming that neither teachers nor students lose their constitutional rights to freedom of speech at school.

The attorneys general's brief urges the Supreme Court to review the case after a lower court ruled in favor of the school. The brief highlights the Tinker case from 1969, which allows student expression as long as it does not significantly disrupt school discipline or infringe on others' rights.

South Carolina and West Virginia led this initiative, supported by attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Texas, Utah, and Virginia.