A federal appeals court has ruled that teachers’ Pride flags, the pro-LGBT messaging they demanded to use on their public school students, are not protected by the First Amendment.
“Plaintiffs-Appellants Christopher Dolce, Sarah Ecke, and Shinaide McAleavey-Polley allege that the Connetquot Central School District and its officials violated their First and Fourteenth Amendment rights and Title VII when it ordered them to remove the pride flags and stickers that decorated the walls of their public high school classrooms,” said the opinion from the 2nd U.S Circuit Court of Appeals.
“The United States District Court for the Eastern District of New York (Gonzalez, J.) dismissed their complaint for failure to state a claim, and the teachers appealed. Applying Garcetti v. Ceballos, 547 U.S. 410 (2006), we conclude that the teachers’ classroom wall decorations constituted speech pursuant to their official duties as Government employees. As a result, the District did not violate their First Amendment rights when it ordered the teachers to remove them.
“We also conclude that the teachers have not plausibly pled that the District selectively enforced its policies against them because of an impermissible motivation, or that they suffered any adverse employment actions.”
Then a commentary at Twitchy revealed the surprise: The ruling was from “a Biden appointee who is a lesbian. That’s refreshing common sense.”
This surprise comes in an age when judges appointed by Barack Obama and Joe Biden routinely rule against President Donald Trump no matter the issue, the question or the legal dispute. One Washington-based leftist judge even has defied the U.S. Supreme Court in ruling politically against Trump.
The decision said, “Under Garcetti v. Ceballos … and its progeny, when public employees’ speech ‘owes its existence’ to their ‘professional responsibilities,’ the government – their employer – can control the content of that speech without implicating their Frist Amendment rights. The question in his case is whether that same principle applies to displays hung on the walls of a public high school teacher’s match classroom. We hold that it does.”
Hellbound and Down 