Teacher who wore MAGA hat to school protected by First Amendment, court rules

Cami Mondeaux

January 04, 02:51 PM January 04, 02:51 PM

A Washington teacher who wore a MAGA hat to a cultural sensitivity and racial bias training is protected under the law because the apparel itself does not cause a “tangible disruption” that outweighs his First Amendment rights, a federal appeals court panel ruled last week.

In a decision released on Thursday, the three-judge panel ruled in favor of former teacher Eric Dodge, who wore the hat supporting former President Donald Trump on at least two occasions at Wy'east Middle School before the 2019-2020 school year. Dodge’s choice to wear the hat is considered protected speech under the First Amendment, the panel ruled, despite complaints from other teachers who attended the training sessions.

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“While some of the training attendees may have been outraged or offended by Dodge’s political expression, no evidence of actual or tangible disruption to school operations has been presented,” Judge Danielle J. Forrest, who was appointed by Trump, wrote in the opinion. “Political speech is the quintessential example of protected speech, and it is inherently controversial.”

After Dodge wore the hat to a cultural sensitivity training, Wy'east Middle School Principal Caroline Garret allegedly told him he should use better judgment, according to court filings.

However, after wearing the hat again the next day, Dodge alleged he was “verbally attacked” by Garret and other school employees, accusing them of violating his First Amendment rights. Garret rejected Dodge’s accusations that she used profanity or raised her voice during the interaction, according to court documents.

Dodge filed a harassment complaint with the school district against Garret, which was later dismissed, but the former principal was asked to resign from her post and Dodge was relocated to another school. The sixth-grade teacher later sued the school district in federal court, alleging Garret and the district’s chief human resources officer violated his First Amendment rights.

The appeals court also found that the district did not take improper administrative action in its decision to relocate Dodge to another school. Michael McFarland, the lawyer representing the school district and chief human resources officer Janae Gomes, told CBS News that his clients were pleased with the ruling.