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Supreme Court Declines to Hear Teacher’s Free Speech Appeal

Justice Clarence Thomas raised questions about the lower courts’ use of a disruption test, signifying plans to revisit public employees’ speech protections.

A view of the U.S. Supreme Court building in Washington, U.S., June 17, 2024. REUTERS/Evelyn Hockstein/File Photo
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Overview

  • The Supreme Court turned down Kari MacRae’s petition to overturn lower court decisions that upheld her 2021 firing over TikTok posts.
  • A federal judge and the 1st U.S. Circuit applied a 1968 balancing test weighing speech against workplace disruption and granted Hanover Public Schools officials qualified immunity.
  • School officials pointed to pre-employment TikTok posts they characterized as homophobic, transphobic and racist in justifying her termination.
  • Justice Clarence Thomas issued a seven-page concurrence criticizing reliance on disruption arguments and foreshadowing future review of public employee speech cases.
  • MacRae, who taught at Hanover Public Schools for one month, is now running as a Republican candidate for the Massachusetts state Senate.