Friendsville, TN asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa

Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically be saying anything; it would just be on my shirt. These individuals 100% go against my beliefs and ideals. Since I see them wearing rainbow shirts and "pride" and pro-LGBTQ sayings and stickers on their laptops all the time, I was wondering if I could do the total opposite and show my beliefs without any legal consequences or repercussions from the university since it is a public institution.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict expression based on content or viewpoint.

2. However, universities can implement reasonable time, place, and manner restrictions on speech. They may also have policies against harassment or creating a hostile environment.

3. The specific shirt message described could potentially be seen as targeted harassment or hate speech against transgender individuals, which many universities prohibit.

4. While students wearing pride symbols are expressing support for a group, the proposed shirt explicitly denies the existence/validity of transgender identities. This could be viewed differently in terms of its impact.

5. Even if legally protected, such a shirt would likely be highly controversial and could lead to social consequences or complaints from other students.

6. The university's specific policies on student conduct, harassment, and expression would be relevant to consider.

7. Constitutional free speech protections don't necessarily shield students from all consequences - just from government/university punishment.

Given these complexities, it would be advisable to:

1. Carefully review the university's specific policies.

2. Consider less provocative ways to express your views that don't target specific groups.

3. Consult with university officials about any concerns before taking action.

4. Be prepared for potential social and community reactions, even if the speech is legally protected.

Ultimately, while public universities must respect free speech rights, they also aim to create inclusive learning environments for all students. Carefully weigh your goals and the potential impacts before deciding how to proceed.

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