No. 24-355

Kari MacRae v. Matthew Mattos, et al.

Lower Court: First Circuit
Docketed: 2024-09-30
Status: Denied
Type: Paid
Amici (3)Relisted (16)
Tags: constitutional-rights first-amendment free-speech-rights pickering-test pre-employment-speech public-employee-speech
Key Terms:
FirstAmendment
Latest Conference: 2025-06-26 (distributed 16 times)
Question Presented (AI Summary)

Does the Pickering balancing test apply to unrelated, pre-employment speech on matters of public concern?

Question Presented (OCR Extract)

QUESTION PRESENTED Hanover Public Schools fired Petitioner Kari MacRae as a public-school math/business teacher because of hot-button political speech she had posted on social media before she was hired by the school district. The lower courts upheld her firing by applying the balancing test for employee speech first recognized in Pickering v. Board of Education of Township High School District 205, Will County., 391 U.S. 563 (1968). Since Pickering, the Court has sought to protect the First Amendment rights of public employees while ensuring government employers can perform their important public functions. The Court has applied the Pickering balancing test, which balances those competing interests, to employee speech at work or about work. The Court has not applied the test to speech that occurred prior to an employee’s hiring and unrelated to the job. The First Circuit did, however. In doing so, it strayed from the Court’s jurisprudence, created an unconstitutional condition, and has deprived private citizens of their free speech rights solely because they may decide to become publicschool teachers in the future. The question presented is: Does the Pickering balancing test apply to unrelated, preemployment speech on matters of public concern?

Docket Entries

2025-06-30
Petition DENIED. Statement of Justice Thomas, respecting the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-355_i425.pdf'>Opinion</a>)
2025-06-23
DISTRIBUTED for Conference of 6/26/2025.
2025-06-17
Rescheduled.
2025-06-16
DISTRIBUTED for Conference of 6/18/2025.
2025-06-10
Rescheduled.
2025-06-09
DISTRIBUTED for Conference of 6/12/2025.
2025-06-02
Rescheduled.
2025-06-02
DISTRIBUTED for Conference of 6/5/2025.
2025-05-27
Rescheduled.
2025-05-27
DISTRIBUTED for Conference of 5/29/2025.
2025-05-19
Rescheduled.
2025-05-19
DISTRIBUTED for Conference of 5/22/2025.
2025-05-13
Rescheduled.
2025-05-12
DISTRIBUTED for Conference of 5/15/2025.
2025-04-28
Rescheduled.
2025-04-28
DISTRIBUTED for Conference of 5/2/2025.
2025-04-21
Rescheduled.
2025-04-21
DISTRIBUTED for Conference of 4/25/2025.
2025-04-14
Rescheduled.
2025-04-14
DISTRIBUTED for Conference of 4/17/2025.
2025-03-31
DISTRIBUTED for Conference of 4/4/2025.
2025-03-31
Rescheduled.
2025-03-24
Rescheduled.
2025-03-24
DISTRIBUTED for Conference of 3/28/2025.
2025-03-17
Rescheduled.
2025-03-17
DISTRIBUTED for Conference of 3/21/2025.
2025-03-03
Rescheduled.
2025-03-03
DISTRIBUTED for Conference of 3/7/2025.
2025-02-26
Rescheduled.
2025-02-24
DISTRIBUTED for Conference of 2/28/2025.
2025-02-20
Rescheduled.
2025-02-14
2025-02-14
2025-01-15
DISTRIBUTED for Conference of 2/21/2025.
2024-12-30
2024-12-30
Brief of Matthew Mattos, et al. in opposition submitted.
2024-11-26
Motion to extend the time to file a response is granted and the time is further extended to and including December 30, 2024.
2024-11-25
Motion to extend the time to file a response from November 29, 2024 to December 30, 2024, submitted to The Clerk.
2024-10-30
Brief amicus curiae of Equal Protection Project of the Legal Insurrection Foundation filed.
2024-10-30
2024-10-30
2024-10-30
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2024.
2024-10-28
Motion to extend the time to file a response from October 30, 2024 to November 29, 2024, submitted to The Clerk.
2024-09-26

Attorneys

CatholicVote.org Education Fund
Scott William Gaylord — Amicus
Scott William Gaylord — Amicus
Equal Protection Project of The Legal Insurrection Foundation
Ronald Edmund CahillBarnes & Thornburg, Amicus
Ronald Edmund CahillBarnes & Thornburg, Amicus
Kari MacRae
Michael BekeshaJudicial Watch, Inc., Petitioner
Michael BekeshaJudicial Watch, Inc., Petitioner
Matthew Mattos, et al.
Leonard H. KestenBrody, Hardon, Perkins & Kesten, LLP, Respondent
Leonard H. KestenBrody, Hardon, Perkins & Kesten, LLP, Respondent
Protect the First Foundation
Gene Clayton SchaerrSchaerr | Jaffe, Amicus
Gene Clayton SchaerrSchaerr | Jaffe, Amicus