Pacific Justice Institute Urges U.S. Supreme Court to Protect Teachers’ First Amendment Rights

PJI files amicus brief asking Supreme Court to hear case involving compelled speech and religious liberty in public schools

SACRAMENTO, Calif. - Pacific Justice Institute (PJI) has filed an amicus curiae brief urging the Supreme Court of the United States to hear the appeal of Kimberly Ann Polk against Montgomery County Public Schools, arguing that the case presents an important opportunity to reaffirm the constitutional protections afforded to public school teachers under the First Amendment.

PJI's brief supports Polk's petition asking the Court to review the decision of the U.S. Court of Appeals for the Fourth Circuit.

Kimberly Polk served as a substitute teacher for Montgomery County Public Schools in Maryland during the 2021-2022 school year. According to her petition, she requested a religious accommodation after the school district required employees to communicate messages regarding student gender identity that conflicted with her sincerely held religious beliefs.

The district denied her request, and litigation followed after her employment ended. PJI argues that the Fourth Circuit's decision improperly expanded existing Supreme Court precedent by treating compelled ideological speech as ordinary government speech performed within the scope of a teacher's employment.

PJI's amicus brief explains that the Supreme Court's decision in Garcetti v. Ceballos did not resolve whether public school teachers may be compelled to express messages that violate their conscience while performing classroom duties.

According to PJI, lower courts have increasingly applied Garcetti inconsistently, creating uncertainty for educators and producing conflicting decisions across the country. The organization urges the Supreme Court to provide clear guidance protecting both the freedom to speak and the freedom to refrain from speaking when government directives conflict with sincerely held religious beliefs.

The brief also argues that the Fourth Circuit's decision conflicts with rulings from other federal appellate courts and departs from longstanding First Amendment principles recognizing that government employees do not surrender their constitutional rights simply because they work in the public sector. PJI contends the Court should resolve those conflicts before additional teachers are forced to choose between their careers and their constitutional freedoms.

Matthew McReynolds, Senior Counsel for Pacific Justice Institute and counsel of record for the amicus brief, said the case presents a constitutional question that deserves the Supreme Court's attention.

"Teachers do not lose their First Amendment rights when they enter a public school classroom. The Fourth Circuit's decision expands Garcetti beyond its intended scope and leaves educators with uncertain constitutional protections when government employers compel ideological speech. We are asking the Supreme Court to provide much-needed clarity on an issue affecting teachers across the nation."

Brad Dacus, founder and president of Pacific Justice Institute, said the Court's decision could have lasting consequences for public education.

"No teacher should have to choose between keeping a job and remaining faithful to deeply held religious convictions. Our Constitution protects Americans from government-compelled speech because freedom of speech also includes the freedom not to speak. We urge the Supreme Court to hear this case and reaffirm that public educators retain the constitutional rights they swore to uphold."

PJI's amicus brief also explains that the Court's recent decisions protecting religious liberty and prohibiting compelled expression demonstrate the need for careful review of the Fourth Circuit's ruling. The organization argues that allowing government employers to compel ideological speech by labeling it part of an employee's official duties would weaken constitutional protections for teachers and other public employees throughout the country.

The Supreme Court will now determine whether to grant Polk's petition. If the Court accepts the case, its decision could shape the constitutional rights of teachers and other public employees for years to come.

Kimberly Polk is represented by Rick Claybrook of Claybrook LLC, together with attorneys from

Alliance Defending Freedom (ADF), Gammon & Grange, P.C., and the National Legal

Foundation. Pacific Justice Institute participated in the case by filing an amicus curiae brief in support of Polk's petition for Supreme Court review.

Pacific Justice Institute continues to defend religious liberty, parental rights, free speech, and other constitutional freedoms through litigation, legislative advocacy, and strategic amicus participation in significant cases nationwide.

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