Court Upholds Firing of Oregon Counselor Over Book Display

A federal appeals court recently ruled in a 2-1 decision that an Oregon school counselor’s display of books promoting binary gender views is not protected by the First Amendment. This decision by the 9th U.S. Circuit Court of Appeals upheld the termination of Roderick E. Theis II from his role at the InterMountain Education Service District (IMESD), as reported by court documents accessed by Fox News Digital.

Details of the Book Display

Theis, an education specialist with over 15 years of service, displayed books titled “He is He” and “She is She” in separate school offices. Additionally, he showcased a children’s book by Matt Walsh named “Johnny the Walrus,” which comments on transgender issues allegorically. This took place while he met with middle school students.

When the incident came to light, Theis explained to school administrators that he did not intend any harm. He even considered removing the books when transgender-identifying students visited his office.

Investigation and Outcome

The IMESD deemed the book display a “bias incident” and insisted Theis remove the books or face termination. Although a federal judge partially allowed him to keep the books in his offices when students were not present, Theis’ employment ended after a district investigation found he had provided the books to students who asked to see them.

The Court’s Decision

The 9th U.S. Circuit Court of Appeals supported the firing, citing that educators’ speech is government speech when with students. Circuit Judge John B. Owens wrote, “As a government employee, Theis was assigned to work in school offices, meet with students, and carry out his duties in that setting. His speech occurred in the course of those responsibilities and cannot be meaningfully separated from them. As such, Theis’s speech falls outside the First Amendment’s ambit.”

In contrast, Circuit Judge Lawrence VanDyke dissented, arguing the books were personal decorations. He questioned whether schools could permit political messages they find compassionate while banning opposing views.