Second Circuit Rules Schools May Limit Pride Flags in Classrooms

The Second Circuit, in a decision authored by Judge Alison Nathan and joined by Judges Michael Park and Maria Araújo Kahn, concluded that classroom decorations by public school teachers constitute government speech tied to their professional responsibilities. The court applied the Garcetti framework, determining that teachers cannot claim First Amendment protection for pride flags or stickers placed on walls and doors.

It highlighted a distinction between K-12 educators, whose instructional materials are deemed official, and university professors, who enjoy broader academic freedom. The Connetquot Central School District had instructed a math teacher to take down two pride flags and prohibited other teachers from displaying pride-related stickers. Attorneys Rondiene E. Novitz and Julissa M. Proana represented the teachers in the case.