She sued, claiming the school district violated her First Amendment rights by terminating her. The 7th Circuit disagreed.
👉 Public employees don't stop being citizens protected by the First Amendment, but they also don't get immunity from accountability. Especially when they hold trusted positions, like counseling vulnerable kids.
The court applied the SCOTUS's balancing test from Pickering v. Board of Education and concluded the school district had every right to fire her. She didn't just voice a controversial opinion—she swore to carry it out on the job in a way that directly contradicted her responsibilities. Her speech destroyed student and parent trust, violated the district's policies on equity and inclusion, and broadcast her refusal to treat transgender students with dignity.
Meanwhile, in Labriola v. Miami-Dade County, the 11th Circuit held that the county lawfully terminated an employee who, on his own personal time, posted an anti-gay blog.
Free speech is not a free pass to be cruel. When your words make clear you won't treat people with respect, don't be surprised when your employer shows you the door. As the 7th correctly stated: "Her speech is hard to reconcile with her professional obligation to approach her counseling duties with empathy and good judgment."
And to be clear, in the private sector, employees don't even receive the benefit of the Pickering balancing test. The First Amendment protects your speech from government punishment, not from employer consequences. If you work for a private company and go on a hate-filled rant in public or online, your employer can, and usually will, terminate you without violating any constitutional rights.
Private employees have no legal "free speech" right at work. And employers don't have to wait for a disruption; they can act to protect their values, their brand, and the safety of their team. That means racist, sexist, homophobic, transphobic, or other hate speech—on or off the clock—can and should carry consequences.
Free speech is not a free pass to be cruel. When your words make clear you won't treat people with respect, don't be surprised when your employer shows you the door. As the 7th correctly stated: "Her speech is hard to reconcile with her professional obligation to approach her counseling duties with empathy and good judgment."
And to be clear, in the private sector, employees don't even receive the benefit of the Pickering balancing test. The First Amendment protects your speech from government punishment, not from employer consequences. If you work for a private company and go on a hate-filled rant in public or online, your employer can, and usually will, terminate you without violating any constitutional rights.
Private employees have no legal "free speech" right at work. And employers don't have to wait for a disruption; they can act to protect their values, their brand, and the safety of their team. That means racist, sexist, homophobic, transphobic, or other hate speech—on or off the clock—can and should carry consequences.