Federal Court Upholds Firing of Oregon School Counselor Over Book Displays

A federal appeals court recently ruled that the dismissal of an Oregon school counselor who displayed books supporting binary gender views was not protected by the First Amendment. The 9th U.S. Circuit Court of Appeals delivered a 2-1 decision affirming the termination of Roderick E. Theis II from the InterMountain Education Service District (IMESD) in Oregon.

Theis, an education specialist with over 15 years at IMESD, had displayed books titled “He is He” and “She is She” in two offices on separate campuses. Alongside them was a children’s book by conservative commentator Matt Walsh titled “Johnny the Walrus,” which comments on transgender issues allegorically.

Theis explained to school administrators that he had not intended any harm with the book displays. He even considered storing the books during visits from transgender-identifying students.

Despite this, IMESD concluded the book display constituted a “bias incident” and required Theis to remove the books, warning of potential termination. Following a district investigation, it was found that Theis had provided the books to students upon request, leading to his eventual termination even after a federal judge partially granted Theis a protective order to display the books when students were not present.

Theis’ legal team argued that his speech was protected outside official student sessions. However, a judge later ruled that he was barred from displaying these books during any student presence. The 9th Circuit upheld the decision, with the majority citing precedents where educators’ speech is considered government speech during student interactions.

Circuit Judge John B. Owens emphasized that Theis’ speech, occurring within his professional role, was not covered under First Amendment protections. Conversely, Circuit Judge Lawrence VanDyke’s dissent highlighted that if staff could display pro-Palestinian banners but not the Israeli flag, it raised questions about speech selectivity in public schools.

The legal standpoint underscores the complexities of First Amendment applications in educational settings. IMESD and Theis’ attorney have not commented further on the court’s decision.

Fox News Digital contacted both parties for further comment. Julia Bonavita contributed reporting for Fox News Digital.