The 1776 Foundation joined the Montana First Amendment Society and Montana Public Policy Center in filing an amicus curiae brief in the United States Court of Appeals for the Ninth Circuit, urging the court to reverse a lower court ruling that allowed a public school employee to be fired for displaying books in his own office.
The case involves Roderick Theis, a licensed clinical social worker and Education Specialist who displayed several books — He is He, She is She, and Johnny the Walrus — on his desk and windowsill at three school offices within the Intermountain Education Service District in Oregon. The books reflect a binary view of gender. After a complaint from a co-worker at a neighboring school district, IMESD investigated Theis, labeled his book display a “bias incident,” issued a Letter of Directive threatening his employment, and ultimately terminated him — even after a federal district court had enjoined IMESD from taking disciplinary action.
We believe this case presents important and far-reaching questions about the First Amendment rights of public employees, and the answer the Ninth Circuit provides will matter well beyond Oregon.