An appeals court ruled in favor of a teacher who wore a “Make America Great Again,” or MAGA, hat to school.
According to The Columbian, the 9th U.S. Circuit Court of Appeals declared Eric Dodge’s decision to wear the hat was protected speech under the First Amendment.
Dodge is a former teacher from Vancouver, Washington, as the outlet noted.
He reportedly wore the hat on two occasions prior to the beginning of the 2019-2020 school year.
The first time Dodge wore the hat was to a staff-only cultural sensitivity and racial bias training.
Caroline Garrett, then principal of Wy’east Middle School, suggested that Dodge should exercise “better judgment,” as The Columbian reported.
Dodge said he was “verbally attacked” by Garrett and other employees at the school after bringing the hat again.
The appeals court decided on December 29 Dodge’s decision to wear the hat was a “message of public concern that he was conveying as a private citizen,” as the outlet explained.
Additionally, the court stated that though other employees of the school may have been upset with what the hat represented, the district did not provide “evidence of actual or tangible disruption to school operations had been presented.”
The opinion written by Judge Danielle J. Forrest argued, “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.”
It continues, “Therefore, Principal Garrett’s asserted administrative interest in preventing disruption among staff did not outweigh plaintiff’s right to free speech.”
Still, the court found Evergreen Public Schools and chief human resources officer Janae Gomes had not made any improper administrative decisions against Dodge.
“Ms. Gomes and EPS have from the outset of this litigation denied having taken any adverse action against Mr. Dodge,” Mick McFarland, who represented Gomes and the district, said, per The Columbian.
He added, “In fact, Ms. Gomes worked tirelessly to assist Mr. Dodge navigate his complicated employment and health benefit situation. Both Ms. Gomes and EPS at all times acted in Mr. Dodge’s best interests.”
