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Active U.S. Courts of Appeals

Theis v. InterMountain Education Service District Board of Directors

Summary

InterMountain Education Service District in Oregon ordered a licensed clinical social worker to remove three children’s books that he had displayed behind his office desk because they convey messages with which the district disagrees.

Case Timeline

  • November 2024: The InterMountain Education Service District sent a letter to Rod Theis informing him that he had violated its policy by displaying He is He, She is She, and Johnny the Walrus in his offices. The district ordered Rod to remove the books and warned that he could be fired for similar “conduct” in the future.
  • February 2025: The district denied Rod’s request for appeal.
  • May 2025: ADF filed a lawsuit on Rod’s behalf challenging the district’s censorship.
  • August 2025: A federal court partially stopped the district’s censorship, declaring Rod could display the books when no students were present. Two days later, after Rod returned the books to his office, the school employee who initially complained coordinated a set-up that allowed students Rod didn’t serve to view the books. InterMountain then initiated termination proceedings against Rod.
  • December 2025: The federal court denied Rod’s request to stop the termination proceedings or modify its previous injunction. InterMountain then fired Rod.
  • April 2026: Rod’s case was heard at the 9th Circuit.
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