A divided three-judge panel of the 9th U.S. Circuit Court of Appeals has upheld the termination of longtime Oregon school counselor Roderick E. Theis II, ruling his display of books promoting binary gender views in middle school counseling offices was not protected by the First Amendment. In a decision issued Tuesday, the court affirmed the InterMountain Education Service District’s conclusion that the display constituted a bias incident under its policies. Theis had placed titles including “He is He,” “She is She,” and Matt Walsh’s “Johnny the Walrus” in two offices, and was told to remove them or face dismissal after an internal investigation.

Prepared by Emily Rhodes and reviewed by editorial team.