MAGA hat is free speech, says court in reviving threatened teacher’s lawsuit
- Has caused offense, but no disruption, an appellate court said
- Teacher can sue principal who threatened him with discipline but not school district
(Reuters) – A US appeals court on Thursday revived a Washington middle school teacher’s claim that a principal violated his free-speech rights by threatening discipline if he continued wearing a “Make America Great Again” (MAGA) hat to training sessions.
A three-judge panel of the 9th US Circuit Court of Appeals said there was no evidence that the teacher, Eric Dodge, had caused any actual disruption by bringing the hat supporting former President Donald Trump to teacher-only training at his Vancouver, Washington, school.
The red baseball cap with white lettering became a ubiquitous and divisive symbol of Trump’s 2016 campaign and his presidency. Dodge says the principal, Caroline Garrett, called him a racist and homophobe and told him he would need a union representative if he wore the hat to school again.
The 9th Circuit, reversing a federal judge, said wearing the hat was speech protected by the US Constitution and evidence that some faculty members were offended was not enough to override Dodge’s free-speech rights.
The panel, however, said Dodge could not sue the Evergreen School District for dismissing a harassment complaint he filed against Everett or a human resources official who investigated the incident.
Lawyers for Dodge, Garrett and the school district did not immediately respond to requests for comment.
Dodge was a long-time teacher in the district when he brought the MAGA hat to training before the start of the 2019-2020 school year, according to the decision.
Garrett told Dodge that other faculty members were offended and that if he did not stop bringing the hat to school, “you need to have your union rep.”
The district dismissed a harassment complaint that Dodge filed against Garrett, but the local school board ordered a subsequent investigation into Garrett’s conduct that led to her resigning, according to court filings.
Dodge sued Garrett and the school district in 2020, claiming he had been retaliated against for exercising his free-speech rights.
US District Judge James Robart in Tacoma, Washington, dismissed the case last year. The judge said Garrett was immune from the lawsuit because her alleged actions were not clearly unconstitutional, and that the school district had not ratified any unlawful conduct by the principal.
The 9th Circuit on Thursday revived the claim against Garrett, saying Dodge’s freedom of expression clearly outweighed any potential for the hat to offend his coworkers.
“That some may not like the political message being conveyed is par for the course and cannot itself be a basis for finding disruption of a kind that outweighs the speaker’s First Amendment rights,” wrote Circuit Judge Danielle Forrest, a Trump appointee.
The panel included Circuit Judge Michael Hawkins, an appointee of former President Bill Clinton, and Judge Jane Restani of the US Court of International Trade, who sat by designation. Restani was appointed by former President Ronald Reagan.
The case is Dodge v. Evergreen School District #114, 9th U.S. Circuit Court of Appeals, no. 21-35400.
For Dodge: Gary Manca of Talmadge Fitzpatrick
For the school district: Michael McFarland of Evans Craven & Lackie
For Garrett: Amber Pearce of Floyd Pflueger & Ringer
read more:
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Daniel Wiessner