2008: Nuxoll vs. Indian Prairie School District

In 2008, Nuxoll, a sophomore at Neuqua Valley High School in the Indian Prairie school district, Illinois, wore a shirt with the phrase, “Be Happy, Not Gay,” and “My Day of Silence, Straight Alliance.” Nuxoll wore this shirt on the Day of Truth, a day mocking the Day of Silence dedicated to spreading awareness of harassment, assault, and bullying toward LGBTQIA+ students. Nuxoll sued the school district for not allowing him to wear the shirt. The school district believed in respecting students’ differences and found Nuxoll’s actions derogatory towards LGBTQIA+ students. Nuxoll claimed that the first amendment gave him the right to free speech and to make negative comments about groups such as the LGBTQIA+ community and sued the school district because of “taking away” his first amendment rights.

A federal appeals court said that the school officials of the Indian Prairie School District didn’t give a justifiable reason why Nuxoll couldn’t wear the shirt. Therefore, Nuxoll won the case because the court ruled that what he said was not inciting dangerous actions.