The U.S. Supreme Court on 30 June declined to review an appeal by former Massachusetts public-school teacher Kari MacRae, leaving in place lower-court rulings that found her 2021 dismissal did not violate the First Amendment. MacRae, who was employed for about a month as a math and business teacher at Hanover High School, argued she was fired in retaliation for TikTok posts made before she was hired that administrators labeled homophobic, transphobic and racist. A federal district judge and the Boston-based 1st U.S. Circuit Court of Appeals had concluded the school district could reasonably predict that MacRae’s continued employment would disrupt classroom operations, satisfying the balancing test the Supreme Court established for public-employee speech. By denying certiorari, the justices allowed those findings to stand and ended MacRae’s bid for monetary damages from the district and several officials. Justice Clarence Thomas wrote a separate statement agreeing with the denial but signaling that the Court should, in a future case, clarify how existing precedents apply when public employers penalize workers for political expression made before they join the payroll. No other justice commented publicly on the petition. MacRae’s disputed posts included memes mocking transgender athletes and U.S. Assistant Secretary for Health Rachel Levine, as well as commentary opposing critical race theory. The former educator, now running for a seat in the Massachusetts Senate as a Republican, contended that the earlier posts addressed matters of public concern and were protected speech. The high court’s refusal to intervene underscores the limited constitutional protection afforded to public-employee speech when employers cite potential disruption to students.
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The U.S. Supreme Court declined on Monday to hear a case involving a Massachusetts public school teacher who sued on free speech grounds after her school fired her in what she called retaliation for social media posts made prior to her employment. https://t.co/LYIMHURkW3