America’s Turning Point: Religious & Free Speech Rights Transcend the Authority Public School Districts Think They Possess

Authors

Robert L. Coleman

Abstract

What is the first thing that comes to mind when thinking about the First Amendment? I would argue that most people either say “Religion” or “Free Speech.” Arguably two of the most important and humane values inherent in a functioning democratic society are safeguarded by the First Amendment. But are they? Imagine this situation. You and your spouse have a child and send him to the local public school. One day, he comes home and says that his fourth grade teacher instructed the class that each student must refer to classmates by the pronouns of that student’s choice. Your child is confused, because the Bible says there are only two genders. As a parent, what are you supposed to tell your child? Any response suggesting acquiescence in this instruction is directly contrary to your spiritual life. Say your child listens to what you teach him about the Bible and to not let anyone tell him otherwise. Your child listens to you, and comes home the next day saying he was reprimanded for apparently violating this pronoun policy. Your child shows you a detention slip citing an incident of “bullying and harassment” for referring to his LGBTQ+ friend Joseph as “he” while knowing Joseph’s pronouns are “she/her.” Has the First Amendment protected your child in this situation? No. However, it should. This Note argues that Public School District policies that require students to use preferred rather than biological pronouns when referring to students are unconstitutional under the First Amendment. These policies not only unconstitutionally compel the speech of the school district’s students, but are viewpoint discriminatory and are not supported by compelling justifications. Further, this Note argues that these policies violate the free exercise rights of the students’ parents. This Note contends that all preferred pronoun policies, no matter their accommodation, should be stricken as unconstitutional and that all States and the Supreme Court, if it hears such an issue, should reason in harmony with this Note and the authorities cited throughout. Free Speech is essential to a functioning society and without it comes society’s death.

Recommended Citation

Coleman, Robert L. (2025) "America’s Turning Point: Religious & Free Speech Rights Transcend the Authority Public School Districts Think They Possess," Touro Law Review: Vol. 40: No. 4, Article 10.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss4/10