South Carolina Attorney General Alan Wilson has successfully co-led a massive, 23-state legal effort resulting in a federal appeals court ruling that protects students’ free speech rights. The U.S. Court of Appeals for the 6th Circuit sided with the plaintiffs, striking down a controversial Ohio school district policy that mandated students use their peers’ preferred pronouns.
Attorney General Wilson co-led the crucial 23-state friend-of-the-court brief filed in the Ohio case. The legal challenge was mounted by a group of parents opposed to the school district’s policy requiring everyone, including students, to use specific pronouns—a measure the parents argued violated constitutional rights.
The brief, spearheaded by South Carolina and Ohio, argued forcefully that the policy constituted coerced speech. The attorneys general highlighted that while some individuals believe gender identity is separate from biological sex, forcing students to use certain pronouns compels them to express a message that may conflict with their personal beliefs.
The brief asserted that the school district essentially took sides in a complex ideological debate. The central argument was direct: the First Amendment forbids school officials from compelling students to express messages inconsistent with the students’ values.
The 6th Circuit’s ruling affirmed the constitutional principle that students do not surrender their freedom of speech upon entering school property. The victory prevents the school district from forcing students to voice beliefs that they do not hold.
The wide-ranging legal coalition co-led by South Carolina included the attorneys general of Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.
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