On May 18, 2023, Parents Defending Education (PDE) filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Eighth Circuit in Henderson v. School District of Springfield R-12, supporting the two teachers who appealed and asking the court to reverse. Teachers’ free speech rights differ from students’, but the lower court’s errors affect both. If the ruling stands, K-12 students across the region could be forced to “mouth support” for school officials’ views.
In this case, the district mandated that teachers attend an anti-racism and equity training program. The brief argues the lower court made three mistakes:
- It wrongly said the teachers weren’t harmed. The court ruled the teachers lacked “standing” because the required training didn’t literally force them to speak under threat of discipline, and because they briefly shared their views before officials stepped in. But government policies can pressure or force speech without openly banning anything.
- It wrongly said there was no district policy. The court reasoned that the district had no written document calling the training a “policy.” But the Supreme Court has held that a policy can exist without a written rule, such as through a widespread practice. The district held multiple sessions, told the teachers they were “required” to attend, and said it would keep doing so.
- It punished the teachers with more than $300,000 in attorney fees. The court called their arguments “frivolous” only because it disagreed with them. If that were the standard, few people would ever risk suing to protect their civil rights. The ruling also conflicts with Eighth Circuit and Supreme Court precedent.
PDE urged the court to reverse both the ruling against the teachers and the fee award.
Read the full brief below:
