The U.S. Court of Appeals for the Eighth Circuit issued a split decision, reversing a lower federal court's finding that two school employees lacked standing to bring a First Amendment claim against the school district.
The U.S. Court of Appeals for the Eighth Circuit issued a split decision, reversing a lower federal court's finding that two school employees lacked standing to bring a First Amendment claim against the school district. Henderson v. Springfield R-12 School District concerns a school district requiring its staff to attend an equity training program. In its reversal, the appellate court also vacated more than $312,000 in attorney's fees for the school's defense counsel that the U.S. District Court for the Western District of Missouri awarded to the employees for their "frivolous" claims.
After the lower court dismissed their claim for lack of standing, the employees argued that they had alleged an injury because they had shown an objectively reasonable fear of negative consequences. More specifically, the employees stated that the equity trainers eschewed opposing views, and the school district threatened to withhold mandatory professional development credit if the employees refused to attend or act "professional" during the session. In response, the school district argued that the employees received professional development credit and regular pay, despite articulating opposing viewpoints during the session.
In its decision, the appellate court concluded that...
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