Jeanne Hedgepeth was a longtime social studies teacher at Palatine High School in Illinois. Hedgepeth was terminated after she posted a series of controversial Facebook posts made during the national unrest following the death of George Floyd. Hedgepeth, who had previously been suspended twice for profane classroom conduct, posted that she “needed a gun and training” because the “civil war has begun,” and in response to a meme about using high-pressure water hoses against civil rights protestors, commented, “You think this would work?” She also stated that she found the term “white privilege” to be as racist as the N-word. Her Facebook friends were about 80% former students, and while her account was set to private, her posts quickly circulated and drew complaints from parents, students, and the media.
Township High School District 211 placed Hedgepeth on administrative leave, conducted an investigation, and ultimately recommended her dismissal. The District cited her violation of multiple conduct policies, her previous discipline record, and the significant disruption her posts caused to the School community. The District received over 130 emails in response to the posts, and teachers reported that the controversy disrupted summer school instruction. The Board of Education voted to terminate her, concluding that she had lost the trust and respect of the School community and could no longer function effectively in her role.
Hedgepeth requested a hearing before the Illinois State Board of Education and also filed suit in federal court under 42 U.S.C. § 1983, alleging her termination violated the First Amendment. The trial court granted summary judgment in favor of the District, and the Seventh Circuit affirmed.
The Court began by outlining the applicable legal framework: public employees retain First Amendment rights, but those rights are balanced against the government employer’s interest in workplace efficiency under the two-part test from Pickering v. Board of Education, 391 U.S. 563 (1968). The Court must first determine whether the speech addresses a matter of public concern, and if so, weigh the employee’s speech interest against the employer’s interest in avoiding disruption.
There was no dispute that Hedgepeth’s posts touched on public concerns—namely, race, policing, and civil unrest. However, applying the Pickering balancing test, the Court concluded that the District’s interest in preserving trust, order, and effective public service outweighed her interest in speaking freely on Facebook.
The Court highlighted the actual and significant disruption her posts caused in the School community, including damage to staff relationships and her credibility as a teacher. The Court also noted that Hedgepeth was in a public-facing position requiring community trust and had previously received written warnings that further misconduct could lead to termination. In the Court’s words, this was “not an isolated incident,” it was her third strike.
The Court rejected Hedgepeth’s argument that she was subjected to a “heckler’s veto,” explaining that objections came from stakeholders in the educational system—students, parents, and colleagues—not outside agitators seeking to silence Hegepeth. The Court also found her privacy arguments unconvincing, noting that even if her Facebook account was set to private, she had a large audience of former students and School community members and should have anticipated that her comments would spread. Finally, the Court emphasized that her use of vulgar, racially insensitive language diminished the constitutional value of her speech in the context of her role as an educator.
Hedgepeth v. Britton (7th Cir. 2025) 2025 U.S. App. LEXIS 23920.
Note: Although employees of California private schools do not have similar free speech rights, this case illustrates how off-campus speech, including on private social media accounts, can generate disruption in the school community. When employee expression undermines trust with students, families, or colleagues, schools may be on stronger ground in taking disciplinary action.