On November 6, 2025, the 6th Circuit Court of Appeals held that an Ohio School District’s anti-harassment policies and cell phone policies – which sought to prohibit students from “misgendering” other students through the use of certain pronouns – violated the First Amendment to the United States Constitution. In the course of its analysis, the Court relied heavily upon the longstanding Tinker precedent, balancing a student’s right to use (or not use) certain pronouns with a school’s right to prevent a substantial disruption in the educational space. Ultimately, the Court found that the school district failed to identify a compelling interest – namely evidence of a substantial disruption – to justify the enforcement of a policy that restricted student speech. A copy of the Court’s opinion can be found here.
