Nuxoll v. Indian Prairie School District

A group of students at a large, public high school (plaintiffs) disapproved of same-sex attraction. One group member participated in a “Day of Truth” by wearing a t-shirt that read “Be Happy, Not Gay” on the back. A school official of the Indian Prairie School District (school district) (defendant) had the phrase “Not Gay” on the t-shirt inked out based on a school rule forbidding derogatory oral or written comments made at school about a particular sexual orientation. A sophomore student who belonged to the group, Alexander Nuxoll (plaintiff) challenged the school’s decision to ban this slogan and contended that the rule violated his free-speech rights under the First Amendment to the United States Constitution. The school’s rule prohibited only derogatory comments made at school about personal characteristics that were unalterable or deeply rooted. Nuxoll believed he was entitled to make any negative comments he wished about same-sex attraction as long as the comments were not fighting words likely to provoke a violent reaction. Nuxoll brought suit and argued that the school violated his free-speech rights under the First Amendment by forbidding him to make negative comments at school about same-sex attraction. Nuxoll moved for a preliminary injunction to prevent enforcement of the school’s rule. The district court denied the motion, and Nuxoll appealed.