Free Speech

Eugene Volokh | 10.10.2025 12:13 PM

From Tempel v. School Dist. of Waukesha, decided Sept. 29 by Magistrate Judge Nancy Joseph (E.D. Wis.):

Tempel was employed by the District as a dual-language first grade teacher at Heyer from fall 2018 until her termination on July 12, 2023…. In 2021, several new members were elected to the District's Board of Education, causing what many members of the Waukesha community perceived as a more conservative perspective shift.

In July 2021, the District suspended diversity, equity, and inclusion training for staff and suspended the work of the District's Equity Leadership Team…. In August 2021, pursuant to the Controversial Issues Polices, the Board enacted a policy to ban "controversial" signs in the classroom … [including] signage related to Black Lives Matter, Blue Lives Matter, Thin Blue Line, Anti-racist classroom, and other materials. The Policy also banned all flags, including Pride flags. The District's decision regarding signage garnered attention from the community, parents, students, teachers, staff, and news outlets. [Further details omitted. -EV] …

Every year, Heyer first grade students participate in a spring concert…. [One of the initially planned songs,] "Rainbowland" by Miley Cyrus and Dolly Parton … [was allegedly rejected by Principal] Schneider … [in favor of] "Rainbow Connection" by Kermit the Frog …. On March 21, 2023, at 6:39 p.m., Tempel posted the following tweet on her public Twitter account:

After this initial tweet, Tempel tweeted multiple times and conducted interviews with the news media about "Rainbowland" …. Subsequent to Tempel's tweets, the District asserts that it received numerous voicemails and emails containing "vulgar and threatening remarks" … [including]:

1."Hey, I heard your school district doesn't like........

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