Oregon schools let teachers hang Black Lives Matter posters and Pride flags without a second thought.
One counselor put three children's books on his desk – and two Democrat-appointed judges just ended his 15-year career for it.
The 9th Circuit handed down its ruling last Tuesday, and what those two judges decided should be in every conservative's inbox by morning.
One Complaint from One Teacher Ended a 15-Year Career
Roderick Theis worked for the InterMountain Education Service District in eastern Oregon for more than 15 years.
He is a licensed clinical social worker.
He displayed three children's books behind his desk – books that simply affirm biological reality.
No parent complained.
No student complained.
One teacher walked past his office, saw students looking at the books, pulled out a phone, recorded it on video, and filed a complaint.
IMESD labeled the display a "bias incident" and told Theis to pull the books or lose his job.
https://twitter.com/FaulknerFocus/status/2081780222219673807?s=20
He refused.
The district used that teacher's video – of students Theis didn't even serve, in an encounter his attorneys argued was a deliberate setup – as justification to fire him.
Alliance Defending Freedom's Mathew Hoffman told Fox News Digital the district "fired Rod Theis after a single person objected to his views."
ADF filed suit in May 2025.
A federal court initially gave Theis partial protection – he could display the books when students weren't present – but that wasn't enough to save his job.
Obama and Biden's Judges Deliver the Ruling
The 9th Circuit panel voted 2-1 to uphold the firing.
Judge John B. Owens, appointed by Barack Obama, wrote the majority opinion.
Judge Jennifer Sung, appointed by Joe Biden, joined him.
Owens held that Theis spoke as a government employee – not a private citizen – because his "speech occurred in the course of those responsibilities and cannot be meaningfully separated from them."
Translation: once you're on the clock, the school owns your office – and apparently, only some political messages are welcome there.
The majority went further, ruling that when an employee is on the clock, the school district decides what he can say to students – not the employee himself.
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The same schools that allow BLM posters and Pride flags in classrooms – materials ADF confirmed IMESD permitted – just told Theis he has no right to display books affirming that boys are boys and girls are girls.
The Dissent That Exposed the Whole Fraud
Trump-appointed Circuit Judge Lawrence VanDyke saw exactly what was happening – and he said it plainly.
VanDyke wrote that the majority's logic would allow schools to permit employees to display "GLOBALIZE THE INTIFADA" banners while simultaneously banning the Israeli flag.
He asked directly: could school administrators allow office decorations with messages that align with the Democratic Socialists of America platform while prohibiting anything they label "hostile"?
VanDyke called the ruling "irreconcilable with Supreme Court precedent" – specifically the 2022 Kennedy v. Bremerton School District ruling where the Supreme Court protected a football coach's postgame prayer as private speech.
The majority tried to distinguish Theis from Coach Kennedy by arguing Theis was performing his core duties when students saw the books.
VanDyke wasn't buying it.
He argued the books were personal office decorations – the same category as Pride flags and BLM posters the school had no problem with.
The dissent exposed the ruling for what it is: viewpoint discrimination dressed up in legal language.
What This Actually Means
This isn't a story about a school counselor and some books.
This is the 9th Circuit handing school administrators a legal weapon to silence anyone whose views don't match the progressive agenda – and it works in one direction only.
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ADF is evaluating next steps, which likely means a Supreme Court petition.
The high court already slapped down the 9th Circuit on the Kennedy prayer case in 2022.
If ADF brings Theis to the Supreme Court, the same conservative majority that ruled for Coach Kennedy will have to decide whether an Obama judge's logic – that on-the-clock employees have no First Amendment rights – actually squares with the Constitution.
The answer seems obvious to anyone who isn't a federal judge appointed by Barack Obama.
Rod Theis lost his 15-year career because one teacher grabbed a phone and hit record – while the same school had no problem with Black Lives Matter materials down the hall.
That's not a legal ruling.
That's a political purge with a court stamp on it.
Sources:
- Julia Bonavita, "Fired school counselor loses again after free speech fight over gender-themed books in his office," Fox News, July 25, 2026.
- Alliance Defending Freedom, "Theis v. InterMountain Education Service District Board of Directors," adflegal.org, April 2026.
- Alliance Defending Freedom, "Oregon social worker at 9th Circuit after being fired for displaying kids' books that present biological reality," adflegal.org, April 11, 2026.
- Standing for Freedom Center, "Ninth Circuit Upholds Ban on Christian Employee's Books," standingforfreedom.com, July 26, 2026.
- East Oregonian, "Eastern Oregon educator loses First Amendment case," eastoregonian.com, July 22, 2026.
- Theis v. InterMountain Education Service District, No. 25-8039 (9th Cir. 2026), via Justia.