CONCORD, NH – Liberty Counsel sent a demand letter to the University System of New Hampshire (USNH) for infringing free speech by forcing a student to use personal pronouns in a newspaper article byline. Subsequently, the university apparently also engaged in retaliatory censorship by removing the entire article after the student voiced his religious objections to the pronouns. The student believes that gender is objective, not subjective, according to his Christian faith. Under the law, compelling a person to speak a message contrary to their beliefs in this way is a violation of the First Amendment.
Liberty Counsel demands restoration of the student’s
article without the byline pronouns and that no student, employee, or staff
member at the university will be forced to use pronouns in their bylines or
signature blocks.
In early 2024, USNH published an online news article by the
student and arbitrarily added the “He/Him” pronouns to the byline without his
permission. The student believes God created humans only male and female and
that these sexes cannot change. Therefore, he contended that the pronouns
communicated a false message that gender is subjective which is inconsistent
with his Christian faith. For nearly a year, the student made multiple requests
to the university to remove the pronouns from his byline. Then in January 2025,
the university chose to remedy the situation by removing the entire article
rather than just remove the two pronouns.
“This was an outcome that [the student] did not request,
and which a reasonable observer could conclude was retaliatory and unlawful
censorship,” reads Liberty Counsel’s letter.
In the letter, Liberty Counsel noted the constitutional
right to free speech and expression includes both the right to speak and the
right not to speak at all. The courts have affirmed under the First Amendment
that government organizations cannot compel individuals into “involuntary
affirmation” or force them to “mouth support” for any religious, political, or
ideological view that they do not believe.
“Students do not shed their constitutional rights to
freedom of speech or expression at the schoolhouse gate,” wrote Liberty
Counsel.
Liberty Counsel has requested that USNH correct its
unconstitutional actions and respond to Liberty Counsel’s letter by February
28, 2025.
Liberty Counsel Founder and Chairman Mat Staver said, “The First Amendment guarantees a person’s right to express, or not to express, according to his or her religious beliefs and political values. In this instance, the University System of New Hampshire has arbitrarily attached pronouns to a student’s name which conveys a false message with which the student disagrees. Compelling everyone in the marketplace of ideas to express the same message about the same idea is unconstitutional. There is also no excuse for the university’s retaliatory censorship in removing the article when it simply could have granted the student’s request to remove the pronouns. USNH needs to correct this potentially costly mistake.”
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