In September of 2019, Peter Vlaming, a French teacher at West Point High School, refused to address a transgender boy in his class with he/him pronouns. Instead, the teacher avoided using pronouns when addressing the student, while continuing to use gendered pronouns when addressing everyone else. After several warnings, the school district told the teacher he needed to address the student with male pronouns (the same way he addressed other boys) or he would be fired. The teacher refused; the school district fired him, and Vlaming, represented by the Alliance Defending Freedom, filed a suit in state court arguing that the school district violated his free speech and free exercise rights under the Virginia Constitution and Virginia’s RFRA.

This case is about whether the First Amendment permits criminal punishment of speech that merely encourages a noncitizen to remain in the United States, without any requirement of intent to further illegal conduct, and when remaining in the United States unlawfully is itself not a crime.

Two businesses owners in Tennessee are challenging a new, first-of-its-kind Tennessee law that would require businesses and other entities that open their facilities to the public and allow transgender people to use the restroom that matches their gender to post a government-prescribed warning sign. The ACLU and the ACLU of Tennessee filed the lawsuit in federal court and claim it violates the First Amendment rights of the business owners.