Federal Appeals Court Verdict on Oregon School Counselor’s Case

A federal appeals court recently affirmed the termination of Roderick E. Theis II, a former school counselor in Oregon, for displaying books that promoted binary gender views. This decision was rendered by the 9th U.S. Circuit Court of Appeals, which ruled 2-1 in favor of confirming Theis’ dismissal from the InterMountain Education Service District (IMESD).

The court’s judgment followed Theis’ appeal which was also dismissed. As recorded in court documents, Theis shared books titled “He is He” and “She is She” at two different campus offices while meeting with middle school students. Additionally, he showcased “Johnny the Walrus,” a children’s book addressing transgender themes by conservative writer Matt Walsh.

After examining the situation, IMESD identified the book display as a “bias incident” and instructed Theis to remove them from his office, warning of possible termination. Although Theis claimed no harm was intended and even contemplated hiding the books when transgender students were present, his employment ended following an investigation. The inquiry revealed that he had provided the books to students expressing interest in them.

Theis requested and was partly granted a protective order, permitting him to display the books when students were not present. However, a lower court later ruled that the partial injunction did not cover situations where students were visiting his office.

The recent verdict from the 9th U.S. Circuit Court of Appeals reiterated that educators’ speech is considered government speech in the context of engaging with students. Circuit Judge John B. Owens, in the majority opinion, noted that Theis’ speech was integrated with his job responsibilities and thus, did not fall under First Amendment protection.

Circuit Judge Lawrence VanDyke dissented, challenging the majority’s standpoint. He questioned allowing partisan political decorations while prohibiting those perceived as opposing certain political platforms, using school policy as an example.

Fox News Digital reached out for further comments from Theis’ attorney and the IMESD. The latest ruling underscores the complexities involved when balancing free speech in educational settings with institutional guidelines.