The U.S. Court of Appeals for the 7th Circuit reversed two lower-court rulings against the Neuqua Valley High School student who wants to wear an anti-gay T-shirt to school, ordering the school to suspend its ban of the shirt.
The high school sophomore, Alex Nuxoll, filed for an injunction twice, but was rejected by the lower court. Nuxoll wants to wear a T-shirt that reads, 'Be Happy, Not Gay' to school. On April 23, just two days before the national Day of Silence and three days before what anti-gay conservatives call the Day of Truth, Judge Richard Posner ruled in favor of free speech. The teen was granted a preliminary injunction, which will allow him to wear the T-shirt to class, and the case will return to the lower court for a review of the school's speech policies.
The court opinion, written by Posner, stated, 'Of course a school can—often it must—protect students from the invasion of their legal rights by other students. But people do not have a legal right to prevent criticism of their beliefs or for that matter their way of life.'
The American Civil Liberties Union ( ACLU ) of Illinois, which had filed an amicus brief in February in support of freedom of speech and freedom from discrimination in schools, issued a statement agreeing with the recent appellate court ruling.
'Ensuring the free exchange of ideas—even controversial ideas—while protecting students against undue harassment fosters an environment where students are best able to learn, explore new ideas and mature,' said ACLU of Illinois senior staff council Adam Schwartz in the statement.
In a prior interview with Windy City Times, the ACLU of Illinois said that it filed an amicus brief in part because the prohibition of free speech is often used to harm LGBT students and allies and prevent them from expressing themselves.
The anti-gay Alliance Defense Fund defended the teen.