On October 24, 2025, Defending Education filed an amicus brief in Theis v. Intermountain Education Service Board of Directors, to support Roderick E. Theis’ appeal to the Ninth Circuit and prevent public schools from picking and choosing between views it likes, and those it doesn’t.  

Like any government employer, public schools can regulate employee speech that is made during the course of an employee’s professional responsibilities. But when schools choose to allow their employees to engage in personal speech–for example, when schools allow teachers and counselors to keep books discussing sexuality and gender in their classrooms and offices–they cannot do so selectively by permitting speech they agree with, but punishing speech they don’t.

Viewpoint discrimination is never allowed, even when the speech at issue is not otherwise constitutionally protected. A federal trial court in Oregon neglected these principles when it ruled against Roderick Theis, a teacher who displayed books with themes affirming biological reality in his office.

Defending Ed’s Vice President, Sarah Parshall Perry, stated:

“Schools cannot allow some speech on controversial topics like transgender ideology, while prohibiting the opposite viewpoint that endorses traditional views on sex and gender. A school is under no obligation to permit private speech on the government clock. But if it does, it cannot play favorites with the views expressed in that speech. We look forward to the 9th Circuit’s speedy and accurate rectification of the lower court’s ruling against teacher Roderick Theis.”

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