Ninth Circuit Backs Oregon School In Discipline Over Transgender-Themed Book Display
A Ninth Circuit panel on Tuesday, July 21, 2026 rejected Rod Theis's First Amendment appeal and ruled that an Oregon school district lawfully disciplined him for displaying transgender-themed books in his school offices.[1]
Theis had displayed He Is She and She Is She in his La Grande Middle School office and Johnny the Walrus in an Elgin School District office.[1] Judges John Owens and Jennifer Sung said Theis spoke as a government employee because the displays occurred where he met with students to perform his official duties, and they upheld the school's discipline.[1]
In 2024, the InterMountain Education Service District found the displays amounted to a gender-identity "bias incident," ordered the books removed, warned Theis of discipline, and he was ultimately terminated.[1]
Judge Lawrence VanDyke dissented, arguing the majority's holding would treat any employee expression visible to students as government speech and conflict with Supreme Court precedent.[1]
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📌 Key Facts
- On Tuesday, July 21, 2026, a Ninth Circuit panel rejected Rod Theis’s First Amendment appeal over his office book displays.
- Theis had displayed "He Is She" and "She Is She" in his La Grande Middle School office and "Johnny the Walrus" in his Elgin School District office.
- InterMountain Education Service District in 2024 deemed the displays a gender-identity 'bias incident,' ordered their removal, warned of discipline, and Theis was ultimately terminated.
- Judge John Owens, joined by Judge Jennifer Sung, held that Theis spoke as a government employee because the display occurred where he met with students to perform his official duties.
- Judge Lawrence VanDyke dissented, arguing the majority effectively treats all employee expression visible to students as government speech and conflicts with Supreme Court precedent.
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