Overview
- The U.S. Court of Appeals for the Sixth Circuit held that banning students’ use of biological pronouns violates the First Amendment in Defending Education v. Olentangy Local School District Board of Education.
- Applying Tinker, the majority said the district offered no evidence that using biological pronouns would materially disrupt school activities or meet Ohio’s statutory definition of harassment.
- Concurring opinions stressed that the policy amounted to compelled speech and viewpoint discrimination in a contentious public debate.
- Judge Jane Stranch’s dissent argued that educators may reasonably forecast disruption to protect students from bullying without waiting for harm to occur.
- The case reverses an earlier Sixth Circuit panel that sided with the district, and the district has not said whether it will seek Supreme Court review; the court also noted the policy extended to students’ off-campus social media speech.