(SeaPRwire) –   By: Gavin Thorne

This Ninth Circuit ruling isn’t just about a fired Oregon school social worker. It’s a partisan flashpoint in the nation’s war over free speech and transgender rights. The 2-1 split, aligning perfectly with the presidents who appointed the judges, lays bare how judicial ideology shapes which public employees get to exercise their First Amendment rights. What’s at stake isn’t just a few children’s books—it’s the ability of workers to express views that clash with institutional orthodoxy.

Roderick Theis II, an education specialist and licensed clinical social worker at La Grande Middle School, displayed two children’s books—“He Is He” and “She Is She”—that reject transgender ideology in his office. He also kept conservative commentator Matt Walsh’s satirical “Johnny the Walrus,” about a boy claiming a walrus identity, in another school office. The district received a complaint, labeling the books a “bias incident” against transgender students. Theis denied trying to harm anyone but was ordered to remove the books whenever students were present.

A judge later revised the order, allowing Theis to display the books only when his office was empty. But one day, several students wandered in and asked to look at the books. A teacher filmed the interaction and filed a formal complaint. The district fired Theis immediately after receiving the complaint. He sued the district, arguing both the display restrictions and his firing violated his First Amendment right to free speech. On Tuesday, the Ninth Circuit Court of Appeals dismissed his case, upholding the firing in a 2-1 ruling.

Judges John Owens (Obama-appointed) and Jennifer Sung (Biden-appointed) justified the ruling. They said the books could be seen as the school’s own message, since they were visible to students while Theis worked. Trump-appointed Judge Lawrence VanDyke issued a fierce dissent. He argued the books were personal decorations, no different from Pride flags or BLM posters displayed by other staff. VanDyke warned the ruling gave schools sweeping power to promote one political message while suppressing the opposing view.

This decision fits into a broader national pattern. The Trump administration rolled back transgender and DEI policies: restricting military service for those with gender dysphoria, opposing medical transition for minors, dismantling federal DEI programs, and backing sex-based sports rules. Republican-led states adopted similar measures. Democratic jurisdictions, activists, and some courts, like the Ninth Circuit here, continue to defend gender-identity-focused policies. The circuit also recently ruled against Olympus Spa, a women-only Korean nude spa ordered to admit trans-identifying males; the spa is now seeking Supreme Court review.

The Supreme Court will almost certainly take up either this case or the Olympus Spa matter within the next two years, setting a nationwide precedent for public employee speech and transgender rights.

Author bio: Gavin Thorne, an investigative journalist based in Washington, D.C., tracks special interests and legislative affairs for independent news outlets.