Rachel Sager (formerly Damiano) and Katie Medart have each worked with youth for over a decade. Both became educators out of a desire to serve children as they grow. After teaching high school and serving as a dean of students, Rachel became the assistant principal at North Middle School in Grants Pass, Oregon, while Katie worked as a science and health teacher. They both have a deep passion for education and love for their students.
As the national debate over gender identity issues in school districts across the country raged on, Rachel and Katie felt they had a unique insiders’ perspective on the topic. They decided to film a video that offered their views, as well as potential policy options for school districts. The video they produced was recorded off campus, on their own time, and presented their arguments in a manner that was thoughtful and balanced.
Yet for Grants Pass School District No. 7, such an exercise of free speech was intolerable. Rather than welcoming Rachel and Katie’s valuable contribution to the public, the district instead punished them at the behest of a mob mentality.
Case Background
The First Amendment to the US Constitution prohibits government employers (such as public-school districts) from taking actions that would chill—or intimidate into silence—the speech of their employees as private citizens outside of their official capacity when speaking on matters of public concern. Today, one of the biggest topics in the public square is the question of how schools should treat students who announce that they are transgender.
It was precisely on this topic that Rachel and Katie filmed their video, which they titled “I Resolve.” The video was evenhanded, respectful, and thoughtful. For those who value civil dialogue, Rachel and Katie would be praised for contributing to the public debate.
Instead, the school district fired them. The terminations came after a handful of other school staff members wielded their outsized and exaggerated reactions to the video. The school district unlawfully handed those fellow employees what is known as a “heckler’s veto.” A “heckler’s veto” is when government uses the outsized or violent reactions of opponents of someone’s free speech as an excuse to limit the speech.
After public pressure was brought to bear, Rachel and Katie were finally reinstated, but not to their old jobs. Instead, both were demoted to lesser positions than before the incident. The message conveyed by the Grants Pass’ school board to other staff was clear: conform to ideological orthodoxy, or face the repercussions.
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What’s at Stake
When a government entity, including any public school or school district, terminates its employees for speaking their minds about topics that are particularly valuable to public discourse they intimidate others from coming forward.
Enforced silence through intimidation harms society by depriving it of essential information and viewpoints, and gives the false appearance of consensus on what are actually divisive policies. Such fabricated harmony makes it far easier for policy makers to operate in the shadows and without public scrutiny.
Mountain States is joining Rachel and Katie’s fight as we file an amicus curiae brief in their support. We are dedicated to protecting an individual’s right to speak freely, shedding sunlight on government actors, and giving everyone the chance to listen to and consider alternative viewpoints. We fight for the right to speak without fear of retribution.
Case Timeline
- March 2021: Rachel and Katie upload their video, “I Resolve”
- April 2021: Rachel and Katie are suspended from their jobs and “investigated” for their speech
- June 2021: Rachel and Katie file suit to challenge their suspensions
- July 2021: The school district terminates Rachel and Katie, attempts to block them from obtaining unemployment benefits, and attacks their educational licenses
- November 2021: Rachel and Katie amend their complaint to add claims for termination from employment
- November 2021: As a result of public pressure and after legal action was initiated, Rachel and Katie are reinstated to employment, but to lesser positions
- March 2023: The district court rules in favor of the school district, dismissing Rachel and Katie’s lawsuit
- April 2023: Rachel and Katie appeal to the US Court of Appeals for the Ninth Circuit
- September 2023: Mountain States Legal Foundation and Southeastern Legal Foundation file their joint amicus brief in support of Rachel and Katie’s appeal
- June 2025: The Ninth Circuit Court of Appeals reversed the district court’s decision in large part, reinstating the public employees’ claims and sending the case back for trial. This marks a significant step forward for the First Amendment rights of public employees: disagreement or offense taken by others does not override Americans’ Constitutional right to free speech, even in the context of public schools.