Public schools can prohibit teachers from plastering walls with LGBT pride flags, the Second Circuit Court of Appeals ruled this week.
Three teachers at Connetquot Central High School in Bohemia, New York, challenged school officials who asked them to remove “pride flags” and “pride stickers” in a classroom and on classroom doors.
A three-judge panel, led by lesbian Biden-appointee Judge Alison Nathan, ruled that the stickers and flags amounted to government speech.
“Under Garcetti v. Ceballos…and its progeny, when public employees’ speech ‘owes its existence’ to their ‘professional responsibilities,’ the Government—their employer—can control the content of that speech without implicating their First Amendment rights,” Judge Nathan (pictured) wrote.
The Garcetti case, decided in 2006 by the Supreme Court, is the primary case addressing government employees’ speech.
Officials tried to reach a compromise with the teachers. Math teacher Sarah Ecke hung two pride flags until students complained. The school offered her a compromise: she could put up a sign stating, “This is a safe space to be who you are.” Ecke, to her credit, also had an American flag in the classroom. Importantly, officials allowed her to keep the older LGBT flag up.
“Ecke did not take down the progress pride flag. But she did tell two other LGBTQ+ teachers—Christopher Dolce and Shinaide McAleavey-Polley—about the District officials’ directive,” Judge Nathan wrote.
The “progress pride flag” refers to the new flag that includes white, pink, blue, and brown colors.
Below is what Ecke hung up, taken from the court ruling.
The other two plaintiffs had pride stickers on their doors, which a student subsequently covered with American flag stickers. Plaintiffs argued that sports flags and a French flag in a French classroom were allowed to stay up, indicating animosity against them for their sexuality and views.
Judge Nathan and her peers dismissed those arguments, concluding:
In short: the teachers cannot state a First Amendment viewpoint discrimination claim against the District, the Board of Education, or individual District officials because the pride flags and stickers they displayed on their classroom walls and doors were speech that “owes its existence” to their “professional responsibilities.” Garcetti, 547 U.S. at 421. As a result, their First Amendment rights were not violated when they were ordered to remove them.
Attorney Laura Powell praised the decision, particularly Judge Nathan’s ability to put aside her own “identity” to make a good ruling.
The Second Circuit rules that public school teachers have no First Amendment right to hang Pride flags in their classrooms. 🙌
“The opinion was authored by a lesbian Biden appointee,” Powell wrote. “Refreshing to see a youngish judge who isn’t entirely beholden to ideology and identity!”
The opinion was authored by a lesbian Biden appointee. Refreshing to see a youngish judge who isn’t entirely beholden to ideology and identity! pic.twitter.com/3LDRXYppTi
— Laura Powell (@LauraPowellEsq) September 2, 2026
Liberals may argue that teachers who are LGBT or support those sexual orientations are being targeted. But to be fair, the 9th Circuit Court of Appeals ruled several weeks ago that a school social worker could be prohibited from displaying a Matt Walsh book critical of gender ideology
Conservatives may be open to a compromise where the overwhelming majority of liberal public school teachers are prohibited from forcing sexual ideology onto kids in exchange for a handful of right-leaning educators not displaying their Matt Walsh books.
[Featured image credit via Wikimedia Commons]
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