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The U.S. Supreme Court declined Tuesday, May 27, to hear a Middleboro student’s free speech case two years after officials at Nichols Middle School asked then-seventh grader Liam Morrison to change out of a T-shirt that read “there are only two genders.”

Backed by the conservative legal organization Alliance Defending Freedom (ADF), Morrison and his family filed a lawsuit against the school in May of 2023, claiming the school violated his First Amendment right to free speech.

“We’re disappointed the Supreme Court chose not to hear this critical free speech case,” ADF Senior Counsel and Vice President of U.S. Litigation David Cortman wrote in a written statement. “Our legal system is built on the truth that the government cannot silence any speaker just because it disapproves of what they say,” he wrote.

Clarence Thomas and Samuel Alito write dissenting opinions

Conservative justices Samuel Alito and Clarence Thomas disagreed with the Court’s decision to deny the appeal, citing the Tinker v. Des Moines 1969 Supreme Court ruling that public school officials may not restrict a student’s freedom of speech unless behavior “materially disrupts classwork or involves substantial disorder or invasion of the rights of others,” according to court documents.

“This case presents an issue of great importance for our Nation’s youth: whether public schools may suppress student speech either because it expresses a viewpoint that the school disfavors or because of vague concerns about the likely effect of the speech on the school atmosphere or on students who find the speech offensive,” Alito wrote in his dissenting opinion.

What did the majority say?

For the U.S. Supreme Court to hear a case, at least four of the nine justices have to vote in favor of taking the case.

When the court votes against taking the case, as in this instance, the majority does not issue a written opinion explaining why.

Middleboro schools won every appeal

Last August, Morrison and Alliance Defending Freedom attorneys filed a notice of appeal after the U.S. District Court for the District of Massachusetts ruled against Morrison in a preliminary injunction.

In June, the First Circuit Court of Appeals in Boston upheld that ruling, asserting that the school had enough grounds to ask Morrison to change his shirt due to its potential to cause psychological distress to other students.

School officials said that his shirt also violated the school's dress code, which bans clothing that could cause harm or damage to a "protected class of students" — kids who identify as transgender and are particularly at risk of bullying and suicide, in this case.

MIDDLEBOROUGH — The Mayflower Chamber Orchestra will present a concert titled “Baroque Pops: Greatest Hits of 1725” on Sunday, April 13, according to a community announcement.

The orchestra's repertoire includes significant works by renowned composers such as Bach, Handel, Haydn, Mozart, Beethoven, and Mendelssohn. It has also performed orchestral pieces, including Vivaldi’s “The Four Seasons” and Mozart’s symphonies.

The April 13 concert starts at 3 p.m. and takes place at the Meetinghouse Church, 3 Nickerson Ave., according to the announcement. Admission is free, although donations of $10 to $20 are suggested to support musicians.

The Mayflower Chamber Orchestra features freelance musicians who perform with various orchestras throughout the South Shore. They have a history of collaboration with the Mayflower Chorale from 1984 until its last performance of “Messiah” in 2004, and with the Mayflower Camerata since 2016.

The upcoming concert will feature a selection of orchestral music from the early 18th century, including concerti, suites, and individual pieces. Notable works include J. S. Bach’s “Orchestral Suite No. 2 in B Minor,” with Elaine D’Angelo returning as flute soloist. Former concertmaster Kenneth Mok will perform as violin soloist in Vivaldi’s “Spring” Concerto from “The Four Seasons,” a collection first published in 1725. Principal oboist Chris Robins will be the soloist in Alessandro Marcello’s “Oboe Concerto in D Minor.”

The program will also highlight George Philipp Telemann’s “Don Quixote Suite,” which features descriptive pieces such as “His Attack on the Windmills” and “The Bounding Sancho Panza.” This suite aims to entertain with its vivid storytelling through music, according to the announcement.

The Mayflower Camerata will join the orchestra for the finale, which will consist of three selections from Handel’s oratorio “Judas Maccabaeus.”

The Mayflower Chamber Orchestra receives support primarily through grants from the local cultural councils of several communities, including Middleborough, which are funded by the Massachusetts Cultural Council, a state agency.

This story was created by reporter Beth McDermott, bmcdermott1@gannett.com, with the assistance of Artificial Intelligence (AI). Journalists were involved in every step of the information gathering, review, editing and publishing process. Learn more at cm.usatoday.com/ethical-conduct or share your thoughts at http://bit.ly/3RapUkA with our News Automation and AI team.

MIDDLEBORO — A man suffered second-degree burns in a two-alarm house fire on Vernon Street in Middleboro on Tuesday afternoon, officials said.

The Middleboro Fire Department said they responded to a report of a fire with a burn victim at 61 Vernon St. at about 3:02 p.m. on Tuesday, March 11.

"On arrival, crews observed heavy smoke coming from a house and fire coming from a barn behind it," Middleboro Fire Chief Owen Thompson said in a written statement.

A man was transported by ambulance to Rhode Island Hospital "with apparent second-degree burns to his lower extremities," the chief said.

A second alarm was struck to bring additional mutual aid resources to the scene, according to the fire department.

The fire has since been knocked down and firefighters remain on the scene.

The Enterprise media partner WCVB reported that it appears that a pickup truck in the driveway of the home had also caught on fire.

Firefighters used two fire hoses to put out the flames in the home, according to WCVB.

It is not yet clear what caused the fire or the extent of the damage to the home.

This is a developing story and will be updated as more information becomes available.

(This story was updated to accurately reflect the most current information.)

Staff writer Kathy Bossa can be reached by email at kbossa@enterprisenews.com. Support local journalism by purchasing a digital or print subscription to The Enterprise today.

MIDDLEBORO — “We believe we have the moral high ground to call out what’s unfair,” said Middleboro Select Board Chair Mark Germain at a press conference Friday afternoon.

He and other town official held the press conference to announce the town is suing the Commonwealth, Gov. Maura Healey, and the state’s Executive Office of Housing and Livable Communities over forced compliance with a controversial multi-family housing law the town said it's already in compliance with.

Last fall, Middleboro Town Meeting voted down a proposal to comply with the MBTA Communities Act, a state mandate that requires all communities in the state with MBTA transit service establish a multi-acre overlay zoning district specifically for multi-family housing.

Every municipality with direct or adjacent transit service provided by the MBTA has to vote, or already has voted, on this mandate.

Town Manager James McGrail said the town already meets the law’s requirements for multi-family housing, but that the state won’t acknowledge its efforts.

He said the town is “taking a stand to defend the community” and to defend “our school district from arbitrary and draconian methods adopted by the Commonwealth to break communities.”

Here's what lawsuit is asking state to do

Town attorney Gregg Corbo said he believes this will be a "landmark case." The town is seeking declaratory judgment and injunctive relief from the MBTA Communities Act, as well as prevention from the Commonwealth in enacting "arbitrary sanctions," said Corbo.

Middleboro officials say town is already in compliance

Middleboro's proposed district that was rejected at fall’s Town Meeting would have been on West Grove Street, within a half mile radius of the new MBTA station for South Coast Rail, located on South Main Street/Route 105, just off the I-495 exit ramps.

McGrail said the town already created a Smart Growth Zoning District that predates the state's multi-family housing law. According to a written statement from the town Friday, the district is comprised of 40.4 acres, all within a half-mile of an MBTA Commuter rail station and where multi-family housing is allowed of right at a density of 20 units per acre.

Within this district, McGrail said the town has built 881 housing units, with 250 of those units being affordable. He added there are numerous other housing developments the town has approved and are being built, such as a 108-unit complex, 27 of which will be affordable units, which will directly abut the new MSBA train station.

“Although the Town has clearly demonstrated that it is in compliance with the Act, it has been severely penalized because its choice of compliance methods is different than what a computer model says that an MBTA Community should look like,” the written statement from the town said.

Town manager: Middleboro is 'champion of affordable housing'

McGrail said “the town is a champion of affordable housing." He said affordable/subsidizing housing represents 13.7% of the town's total housing stock, well above the minimum 10% requirement from the state.

The MBTA Communities Act specifically addresses multi-family housing, but not necessarily affordable housing.

Germain added while Middleboro has done everything it can to embrace smart growth that’s sustainable for the town and those in need of housing, “this law does nothing to address affordability in any form.”

State auditor calls multi-family housing law 'unfunded mandate'

A Feb. 21 letter from the state’s Division of Local Mandates and state Auditor Diana DiZoglio declared that the state's multi-family housing law is an “unfunded mandate.”

The written statement from Middleboro on Friday makes reference to that letter, saying "despite the Auditor’s determination, the state has made no effort to quantify the costs associated with complying with the Act, and the Attorney General has maligned the Auditor simply for doing her job.”

How would multi-family housing law cost town money?

Germain and other Middleboro officials have argued compliance with the mandate will increase housing production to an unsustainable level for the town. Middleboro officials previously said that it would result in a drastic increase in population — 18.5% over a few years – and that in turn would increase the cost of providing services such as schools, utilities, water and sewer infrastructure, and public safety.

“The state is not offering to pay for these upgrades,” said Germain.

Middleboro loses some state funding already

The state’s Executive Office of Housing and Livable Communities has told officials in municipalities that non-compliance with the multi-family housing law can result in legal action by the attorney general, as well as financial consequences, such as not being eligible for state grants.

Middleboro Town Planner Leann Bradley told officials at a September Planning Board meeting prior to the October Town Meeting that the town received close to $2 million in state grants over the last four years.

McGrail said at Friday's press conference the attorney general and governor have already committed “a gross misuse of power” by withholding several state grants previously approved for the town, including $73,000 for the Middleboro School District to launch and continue initiatives addressing mental health, as well as $2.8 million from MassWorks for infrastructural projects.

The written statement from the town also said, “State agencies, including the Department of Elementary and Secondary Education, informed Middleborough that it would no longer be receiving millions of dollars in state aid, which was promised to reimburse Middleborough for money it spent in reliance on those grants.”

Middleboro not alone in objections to state law

Numerous communities in the Commonwealth have refused to comply with the multi-family housing law.

In February 2024, the state attorney general’s office sued Milton for rejecting the zoning requirement.

In September, Middleboro selectmen voted unanimously to submit an amicus brief supporting Milton in its legal battle with the attorney general.

In January of this year, Massachusetts’ highest court ruled the multi-family housing law is indeed constitutional and enforceable by the Attorney General. However, the Massachusetts Supreme Judicial Court also ruled that regulations passed to determine compliance did not go through the correct public process and were thus ineffective. This resulted in the state redoing the guidelines in order to make the law enforceable.

Recently, the Marshfield select board announced it would seek a court order to exempt it from compliance with the multi-family housing law until state funding is provided.

Marshfield voters previously twice rejected proposed zoning rules to comply with the state law at town meetings in 2024.