Two Cases Rejected in Crucial Supreme Court Decision
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The U.S. Supreme Court has declined to hear two cases related to political speech in schools, including one involving Massachusetts teacher Kari MacRae. She has faced dismissal over controversial social media posts. In MacRae v. Hanover Public Schools, the Supreme Court has let stand a lower court ruling which upheld MacRae’s firing over her controversial social media posts.
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The Supreme Court has declined to review Brooks Warden’s case, in which he alleged harassment for wearing a “Make America Great Again” hat. School officials argued he conflated political speech with racial discrimination.
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A federal judge and the 1st Circuit Court of Appeals upheld MacRae’s firing, citing potential harm to student learning. Justice Clarence Thomas stated, “The 1st Circuit’s analysis strikes me as deeply flawed.”
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Thomas has called for clearer guidelines on protecting public employees’ unpopular opinions. Critics have claimed MacRae's posts were blatantly homophobic, justifying her firing.
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Thomas said, “To start, I do not see how the tone of MacRae’s posts can bear on the weight of her First Amendment interest.”
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Thomas added, “In an appropriate case, I would make clear that public employers cannot use Pickering-Garcetti balancing generally or unsupported claims of disruption in particular to target employees who express disfavored political views.”
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The Court let lower rulings stand, leaving First Amendment questions in education unresolved.
Michael Davis covers U.S. politics & news for content partner Modern Newsstand LLC.