On September 17, 2024, Kyle Fellers and Anthony Foote wore pink armbands with an “XX” on them to a game as a protest against the Bow, New Hampshire school district’s transgender policies. They did not interfere with the game, annoy the players, or do anything else. However, the school officials didn’t like the protest, so they called it “harassment” and issued an order banning the two from subsequent games. This was a classic violation of First Amendment rights, and the two took the town to court. United States District Court Judge Steven McAuliffe has overturned the ban, though for the present they may not wear the armbands at the games.

McAuliffe said while there are complex nuances to the case that need to be sorted out, it’s clear the school was violating the First Amendment rights of the four adults at the game.

“You can’t suppress free speech based on whether you think it’s appropriate,” McAuliffe said.

He also asked, “How is wearing a pink wristband harassment?”

Bans on peaceful protests, distribution of literature, and other forms of expression keep popping up all over the US. It’s unusual for something like this to happen in New Hampshire, where “Live free or die” is the state’s motto and is normally reflected in how people act. Bow is a little town between Manchester and Concord, best known for its coal-fired power plant, currently the only one in New England. That plant has also been the target of protests, and one of those resulted in some questionable arrests. Maybe it’s something about Bow.

A Reddit discussion on /r/NewHampshire shows the illiberal left bemoaning the ruling, claiming that a protest “harms” people who take the opposing position, and their invented “hate speech” exception to the First Amendment means free speech is only for views they don’t hate.

This is the kind of case FIRE might take an interest in. The case could end up with the protesters collecting a large award for this clear First Amendment violation. Unfortunately, it’s the taxpayers who will bear the cost.