Supreme Court declines free speech appeal of former teacher

 July 1, 2025

The U.S. Supreme Court has chosen not to review the appeal of a Massachusetts teacher who was dismissed for controversial TikTok videos. Kari MacRae, a former teacher at Hanover Public Schools, posted videos critical of transgender individuals before being hired, raising important questions about the freedoms of speech for public employees.

According to the Hill, the court's decision comes amid ongoing debates about the boundaries of expression for those employed by public institutions.

MacRae, in her videos, shared opinions on gender identity and made derogatory remarks about Rachel Levine, a prominent transgender health official.

MacRae's case was brought to public attention when the school district cited the videos as a breach of its fundamental values and mission statement. Her social media presence became problematic, with her comment about how modern parenting involves birds and bees causing widespread attention.

Implications of Free Speech in Education

The conservative group Judicial Watch represented MacRae in her appeal, emphasizing the significance of this issue for public employees. They argued that the case served as an ideal opportunity for the Supreme Court to clarify the rights of teachers and potential educators who engage in public discourse before employment.

In response, the school district maintained that the content of MacRae's videos conflicted with its educational mission, and both the District Court and the First Circuit upheld this view. The district's assertion highlights the tension between individual free expression and institutional ethos.

Justice Clarence Thomas, while agreeing with the refusal, voiced unease about the broader implications. He questioned the practice of allowing government employers to adopt a singular perspective on contemporary issues and to dismiss employees who disagree with that stance.

Judicial and Public Reactions

Thomas further highlighted that the problem is intensified when the expressed views occur off-duty and prior to any employment relationship. This perspective suggests potential overreach by employers in regulating personal expression.

The case affirms a previous decision by the Supreme Court, where it declined a similar matter involving a student's expression rights. This trend indicates a reluctance to engage deeply with such contentious First Amendment cases.

Despite her legal setbacks, MacRae remains active in politics, having run for the Massachusetts state Senate in 2022 and 2024. She plans to continue her political pursuits in the upcoming elections.

The Broader Context of Speech Rights

The tension between individual rights and institutional standards is a recurrent theme in cases like MacRae's. This conflict raises questions about the limits of personal expression within public roles.

In their court filings, the school district unequivocally stated that MacRae's videos were inconsistent with its foundational beliefs and educational mission. Such claims underscore the challenging balance schools must maintain between respecting free speech and upholding their core values.

Justice Thomas's remarks suggest a need for further examination of these issues. He highlighted the precarious position of employees who express personal beliefs outside the workplace, viewing the situation as problematic for First Amendment principles.

Ongoing Debates and Future Implications

This ongoing debate over the rights of public employees in expressing their views publicly continues to evolve, with legal precedents impacting future cases. The refusal of the court to engage with MacRae's appeal leaves many such questions unresolved.

As public dialogue around gender identity and expression persists, the resolution of cases like MacRae's could significantly influence the policies and practices of educational institutions nationwide.

For now, the Supreme Court's decision not to hear MacRae's case leaves the balance between individual expression and institutional values as an ongoing legal and ethical question. The implications of these decisions will likely continue to resonate in future legal battles and public discussions.