Appeals court hears challenge of Illinois teacher’s firing for Facebook posts

[December 18, 2024]  By Catrina Barker | The Center Square contributor

(The Center Square) – The Seventh Circuit U.S. Court of Appeals heard oral arguments last week surrounding the termination of Chicago teacher Jeanne Hedgepeth.

Hedgepeth posted comments on Facebook criticizing the riots, violence and shootings in Chicago in the aftermath of the killing of George Floyd in 2020. She was subsequently fired from Township High School District 211. A federal civil rights lawsuit against the district and school officials was filed in 2021, alleging a violation of her First Amendment free speech rights.

After a district judge dismissed the case in February, an appellate judge questioned the school’s attorney, Hailey Golds, Thursday.

“You're telling me that teachers can express some views outside as long as they express moderate opinions,” the appellate judge asked.

“No, it has nothing to do with the moderation of the opinion. It has to do with the Pickering Balancing Test. It has to do with the disruption that's caused in the school, and it has to do with whether or not, based on the speech, the school has a belief that the individual can still serve in that position,” said Golds.

Judicial Watch attorney Paul Orfanedes, representing Hedgepeth, said a jury needs to decide how these posts should properly be interpreted.

“I don't think she was disparaging anyone's views. She was challenging the traditional views on race in the United States,” said Orfanedes. “She did so citing scholar Thomas Sowell."

In the June 1, 2020, Facebook post, Hedgepeth said, “You think America is racist? Then you have been hoodwinked by the white, liberal establishment and race baiters like Jesse Jackson and Al Sharpton.”

Judicial Watch President Tom Fitton argued if Hedgepeth posting to a personal audience on Facebook while vacationing is a fireable offense, that must mean teachers don’t have First Amendment rights.

The lower court dismissed Hedgepeth’s initial lawsuit, which sought damages from the school district, district board members and officials who participated directly in the firing.

“She didn’t make these comments at school, it was in a private Facebook group and she was posting stuff from the beach. The idea that you get fired for everything and anything you say, if someone objects to it, that can’t be the rule under the First Amendment for public school teachers. It just can’t,” said Fitton.

Fitton explained Hedgepeth commented on the George Floyd riots.

"She said something about an issue that was on the minds of a lot of people, and she got fired for it,” Fitton told The Center Square. “When you look at the material, there was nothing extreme about it, a straightforward conservative point of view on public policy.”

In a Facebook post, Hedgepeth said, “I will speak on any topic I choose because I live in a free country. I find the term ‘white privilege’ as racist as the ‘N’ word. You have not walked in my shoes either so do not make assumptions about me and my so-called privilege.”

Upon returning from her vacation in early June 2020, Hedgepeth learned that the school district was investigating her for her several Facebook posts. She was fired by the school board six weeks later, on July 16, 2020, by a vote of 5-2.