9th Circuit Upholds Oregon Counselor’s Firing in 2-1 Ruling Over Gender-Themed Books
Updated
Updated · Fox News · Jul 25
9th Circuit Upholds Oregon Counselor’s Firing in 2-1 Ruling Over Gender-Themed Books
3 articles · Updated · Fox News · Jul 25
Summary
A 2-1 Ninth Circuit panel upheld the firing of Oregon counselor Roderick E. Theis II, ruling his display of gender-themed books to middle school students was not protected by the First Amendment.
Judges said Theis’ speech counted as government speech because it occurred in school offices while carrying out his duties, placing it outside constitutional protection.
IMESD had labeled the books a bias incident and ordered their removal; Theis was later terminated after an investigation found he gave the books to students who asked to see them.
The books included “He is He,” “She is She” and Matt Walsh’s “Johnny the Walrus,” all displayed in offices where Theis met students after more than 15 years with the district.
Dissenting Judge Lawrence VanDyke argued the books were personal office decor and warned the ruling could let schools allow favored political messages while banning opposing views.