Posted on 12/31/2022 10:48:36 AM PST by E. Pluribus Unum
A suburban Portland, Ore., teacher allegedly threatened with discipline if he kept bringing a Make America Great Again hat to teacher-training sessions can sue his former principal for First Amendment retaliation, a federal appeals court has ruled.
The 9th Circuit partially reinstated Eric Dodge's lawsuit on Thursday, finding that former Wy'east Middle School Principal Caroline Garrett would not be protected by qualified immunity if a jury found her guilty of violating Dodge's First Amendment rights on the eve of the 2019-2020 school year.
The three-judge panel cited "clearly established … long-standing precedent" that concerns about "the reaction to controversial or disfavored speech itself does not justify restricting such speech."
The unanimous opinion by Judge Danielle Forrest said "it was patently unreasonable for Principal Garrett to believe that she could restrict Dodge’s speech to quell what was, in reality, nothing more than the natural effect that disfavored political speech often has on those with different viewpoints."
It upheld the lower court's dismissal of Vancouver's Evergreen School District and chief human resource officer Janae Gomes from the suit.
The appeals court scoffed at the district's argument that Dodge was "not conveying a political message" of support for then-President Trump through the hat but only using it to "protect his skin," so Garrett could require him to keep it in his car.
(Excerpt) Read more at justthenews.com ...
The constitution is not a constitution if government administrators can ignore it with impunity. Qualified immunity needs to be limited.
What’s wrong with these people who want to make America great?
And the want other countries to be great,too.
BLM hat is a acceptable, pride hat is acceptable, drag queen hat is acceptable, I would even go as far as to say a Nazi hat would be acceptable
Why would a high school principal ever be covered by qualified immunity?
Are these liberals that stupid? Denying freedom of speech is the stupidest thing these idiots can do.
Try on a White Lives Matter hat or T-shirt and you'll get beat up.
The National Socialist Party loses another one.
Even online definition of "qualified immunity" indicates that this politically correct immunity has "reasonable" limits.
"In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known [!!! emphasis added]." —Qualified immunity
So I'm not sure what the referenced principal actually qualifies for. /semi-sarc
I wonder how many Obama posters are still up in classrooms across America? I bet it numbers in thousands.
Hope the guy get’s a sizable judgment against her personally. Her arrogant and bigoted attitude should cost her dearly.
When did Vancouver, WA become part of Portland, OR?
but only using it to “protect his skin,” so Garrett could require him to keep it in his car.
Qualified immunity is a dirtbag third-world despots way of ignoring accountability and proving that the audacity of criminal-run courts are the mendacious clowns running it has no standing to exist clearly as Norton v. Shelby County, 118 U.S. 425 (1886)
Sue the living daylight out of whomever possible. It’s a shame tax dollars will be wasted but in the grand scheme of things, this is what can alter abhorrent behavior.
Am I the only one who thought that the title is some encrypted code?
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