The Institute for Free Speech has filed an amicus brief in Parents Defending Education v. Olentangy Local School District Board of Education, urging the U.S. Court of Appeals for the Sixth Circuit to rehear the case en banc.
In the case, a split Sixth Circuit panel upheld a rule allowing schools to ban the use of “non-preferred pronouns.” Specifically, the rule prohibits students from using pronouns that refer to a person’s biological sex rather than their gender identity. The Institute argues that this rule is clearly unconstitutional viewpoint discrimination and threatens First Amendment rights far beyond the classroom.
“The fallout from this decision will not stop at the schoolhouse doors,” the brief warns, underscoring the danger that the decision could allow governments to restrict speech in various contexts, from public advertisements to comments at local government meetings.
Because of this significant threat to free speech, the Institute urges the Sixth Circuit to rehear the case en banc, and for the court to recognize that banning “non-preferred pronouns” while allowing “preferred pronouns” is viewpoint discrimination.
On December 16, the Institute for Free Speech filed a second amicus brief in the case.
To read the first amicus brief in Parents Defending Education v. Olentangy Local School District Board of Education, click here. To read the second amicus brief, click here. To read our original press release, click here.
