A Teacher Argued His MAGA Hat Was Protected Speech. Here’s What a Federal Appeals Court Said
Law & Courts

A Teacher Argued His MAGA Hat Was Protected Speech. Here’s What a Federal Appeals Court Said

By Mark Walsh — January 04, 2023 4 min read
Image of a gavel
  • Save to favorites
  • Print

In a case brimming with symbols of tensions about the nation’s divisions over politics and racial equity, a federal appeals court has upheld the right of a teacher to bring his “Make America Great Again” hat to racial bias and cultural sensitivity training sessions.

The court said a school principal likely violated the teacher’s rights when she discouraged him from bringing to school the hat bearing the slogan associated with former President Donald Trump.

“Next time I see you with that hat, you need to have your union rep,” Caroline Garrett, the principal of Wy’east Middle School in Vancouver, Wash., told 6th grade science teacher Eric Dodge in 2019, according to court papers.

“Principal Garrett went beyond criticizing Dodge’s political views,” a unanimous three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, said in reviving the teacher’s First Amendment lawsuit on Dec. 29. “She suggested that disciplinary action could occur if she saw Dodge with his hat again by referencing the need for union representation. … It is hardly controversial that threatening a subordinate’s employment if they do not stop engaging in protected speech is reasonably likely to deter that person from speaking.”

The 9th Circuit panel suggested, without ruling as much, that a case involving a teacher wearing a MAGA hat in the classroom would raise other legal considerations.

The teacher’s display of his hat at teacher-training sessions “distinguishes this case from other cases involving speech in schools where the speech was reasonably viewed by students and parents as officially promoted by the school,” the 9th Circuit said in the case known as Dodge v. Evergreen School District No. 114.

“Where Dodge was not taking advantage of his position to press his particular views upon the impressionable and captive minds before him, but rather was displaying a message on a personal item while attending a teacher-only training, we have little trouble concluding that he was engaging in expression as a private citizen, not a public employee,” the court said.

Some teachers were upset by the MAGA hat

According to court papers, Dodge was a teacher in the district but was new to Wy’east Middle School in the fall of 2019. He arrived for the racial bias training session wearing his MAGA hat, but removed it when he entered the building. Still, he displayed it at his table or on top of his backpack. A professor from Washington State University leading the session saw the hat and reported to Garrett, the principal, that she felt intimidated and traumatized. A few teachers were upset as well.

Garrett asked Dodge about the hat after the session. He told her he wore hats to protect his head from the sun but that he liked the MAGA hat’s message. He said he was not trying to provoke a reaction at the training session with the hat.

The principal told him that some perceived the hat as a symbol of “hate and bigotry” and that he should use “better judgment” in the future. The next day, Dodge brought the hat to another teacher training session, this one at a high school in the district. Another teacher texted Garrett, and the principal confronted Dodge later in the day. Dodge alleges that the principal used profanity and threatening language, which the principal denies, but there seemed to be little dispute about Garrett telling Dodge he would need his union representative if he brought the hat to school again.

The teacher filed an internal complaint against his principal, and the district’s human resources department eventually concluded that Garrett did not violate any school policy in admonishing Dodge about his hat. (The opinion notes that the principal was later asked to resign or face demotion by the school board amid concerns about her truthfulness in the matter and other issues.)

Dodge sued Garrett, along with a district human-resources officer, and the district, claiming retaliation in violation of the First Amendment by virtue of the chill on his speech from the principal’s threat of adverse job action. A federal district court granted summary judgment to all the defendants, and held that Garrett (as well as the HR official) had qualified immunity because it was not clear that their actions violated the Constitution.

The 9th Circuit held that Dodge did not have a case against the HR official or the school district. But it revived his case against the principal. The court said Garrett did not merit qualified immunity as it was clearly established that a MAGA hat was speech that is “quintessentially a matter of public concern” and that by displaying his hat at teacher training sessions, Dodge was acting as a private citizen.

The court said there was no evidence that Dodge’s display of his hat disrupted the training sessions.

“In sum, while some of the training attendees may have been outraged or offended by Dodge’s political expression, no evidence of actual or tangible disruption to school operations has been presented,” the 9th Circuit panel said. “Political speech is the quintessential example of protected speech, and it is inherently controversial.”

The court noted that after the incident the Evergreen district adopted a rule barring political messaging by its employees, and it suggested that rule was defensible as long as no particular views were targeted.

“A government employer can categorically prohibit political speech as a valid administrative interest such that the prohibition does not favor or disfavor any particular view,” the court said.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Micro-Learning, Macro Results: Reimagining Professional Learning
Rethink professional learning with 3 strategies that personalize professional learning, validate expertise, and support educator retention.
Content provided by Mira Education & Modiv EDU
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images
Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP