Background
Roderick Theis, a licensed clinical social worker and Education Specialist, displayed three children’s books in his school offices that addressed gender identity. The InterMountain Education Service District determined the displays violated its bias incident policy and directed him to remove them. Theis sued under Section nineteen eighty-three, seeking a preliminary injunction to display the books.
The court’s reasoning
The panel applied the Garcetti standard, determining that Theis spoke as a government employee because his speech occurred within the scope of his professional duties and was directed at students. The court distinguished Kennedy v. Bremerton School District, noting Theis was engaged in core professional responsibilities rather than private expression detached from his role. Because the speech was beyond First Amendment coverage, the court did not conduct the Pickering balancing test.
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.
Theis v. Intermountain Education Service District – Board of Directors, et al.
The dissent
The Supreme Court in Kennedy established that some employee expression remains personal even though it is observed by students on school grounds, and the majority’s approach cannot be reconciled with Kennedy.
Judge VanDyke
What it means going forward
The decision reinforces that public school employees may be disciplined for speech made to students in the course of their duties, even if the speech is personal in nature.