Federal Appeals Court Upholds Termination of Oregon School Counselor Over Book Display

A federal appeals court ruled that the termination of Roderick E. Theis II, a former school counselor in Oregon, was lawful and not protected by the First Amendment. The 9th U.S. Circuit Court of Appeals issued a 2-1 decision affirming that Theis's display of books promoting binary gender views in his office constituted a bias incident. Theis had displayed titles such as 'He is He' and 'She is She,' as well as 'Johnny the Walrus' by Matt Walsh, during meetings with middle school students. Following an investigation, the InterMountain Education Service District (IMESD) instructed Theis to remove the books or face termination. Although a federal judge allowed him to display the books when students were not present, his employment was ultimately terminated after it was revealed he provided the books to students who requested them. The appeals court concluded that Theis's speech was considered government speech while he was performing his duties as an educator. Circuit Judge John B. Owens stated that Theis's speech could not be separated from his responsibilities as a government employee. The dissenting opinion from Circuit Judge Lawrence VanDyke argued that the books should be viewed as personal items and raised concerns about potential double standards in school policies regarding political messages.