Public Schools Can’t Force Employees to Support Ideas They Oppose

The public schools in Springfield, Missouri implemented mandatory “equity” training in Fall of 2020. The training was for all employees of the district and covered topics like oppression, systemic racism, and anti-racism education. Brooke Henderson and Jennifer Lumley, two non-teacher employees, strongly disagreed with many of the views presented during the sessions. Henderson and Lumley filed a lawsuit against the school district, alleging violations of First Amendment rights. However, the district court ruled in favor of the school district and ordered Henderson and Lumley to pay over $300,000 in legal fees and sanctions. Henderson and Lumley appealed the decision to the Eighth Circuit, and Cato filed an amicus brief in support of their appeal. Cato’s brief focuses on the court’s analysis of the plaintiffs’ compelled speech claim and the court’s decision to award attorneys’ fees and sanctions in violation of the plaintiffs’ First Amendment rights. If allowed to stand, the district court’s opinion would undermine key First Amendment principles and discourage future good-faith litigation.



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