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Free Speech

Jewish Teacher Sued Portland Public Schools Union for Discrimination Over Colleagues' Anti-Israel Speech

(among other things). A federal Magistrate Judge has recommended that the lawsuit be dismissed.

Eugene Volokh | 7.24.2026 8:01 AM

From yesterday's Report and Recommendation by Magistrate Judge Jeff Armistead in Doe v. Portland Ass'n of Teachers, Doe's allegations:

Doe was born in Israel and takes his Jewish religious faith and ethnic heritage seriously. For Doe, the State of Israel is essential and integral to his devout religious faith. Although Doe immigrated to the United States, he maintains close ties to Israel and his family there. In the 2023-24 school year, Doe worked for PPS [Portland Public Schools] as a high school math teacher.

When he started working for PPS, he chose not to become a dues-paying member of PAT [Portland Association of Teachers], exercising his First Amendment right not to support union political speech and public sector collective bargaining. Nevertheless, because Doe is a PPS teacher, PAT is his exclusive representative by way of Oregon's Public Employee Collective Bargaining Act (PECBA) and the collective bargaining agreement (CBA) PAT has with PPS….

Curricula. Doe alleges that PAT collaborates with Oregon Educators for Palestine (OEP) in its publications, including by co-publishing a guide called "Teach Palestine!" The guide references resources for teaching about Palestine, "encourages teachers to use their classroom to teach anti-Isreal views[,] and includes detailed curricula recommendations for pre-K through high school." Among the recommended resources in the "Teach Palestine!" guide is "Teaching While Muslim," which includes the statement "75 years ago, a lot of decision makers around the world decided to take away Palestinian land to make a country called Israel. Israel would be a country where rules were mostly fair for Jewish people with White skin" and encouragement to make signs that include the slogan "Free Palestine."

The "Teach Palestine!" resource guide also includes "Let's Go to Palestine." That lesson—directed at elementary school—includes the statement "Palestine is currently under a brutal occupation by Israel. We pray for a truly free Palestine so that the Palestinians can prosper and we can all visit freely." Also recommended in the guide is "Handala's Return," which includes the statement: "A group of bullies called Zionists wanted our land so they stole it by force and hurt many people." The "Know Your Rights!" guide, also co-published by PAT and OEP, includes references to CBA provisions that protect teachers in teaching what are, according to Doe, anti-Israel views.

Displays. Doe alleges that, with PAT's encouragement, teachers at Doe's school wore clothing that included pro-Palestine messages, such as "Free Palestine," and "From the River to the Sea." School administration also allowed posting of Palestinian flags, print-out maps of Palestine that eliminate Israel, and other symbols and slogans throughout the school. The displayed flags and other symbols were in common spaces such as hallways, the library, as well as shared classrooms. In Doe's view, the "placement was intentional so as to appear to be an expression of the community and school rather than any individual."

Prayer. A teacher "led an on-campus morning meeting that he designated as a 'prayer circle' to support Palestine."

Organizing and Political Activities. PAT collaborates with OEP in its publications, including by co-publishing the "Know Your Rights!" guide—a document "developed in response to the censorship, discrimination, and harassment" that PPS staff experienced when teaching or supporting pro-Palestine views. PAT's social media accounts follow OEP, which organizes events and speech activities in support of Palestine and against Israel and which is visible to the........

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