Institute For Free Speech

Free Speech Arguments

Presented by the Institute for Free Speech

The Free Speech Arguments Podcast brings you oral arguments from important First Amendment free political speech cases across the country. Find us on Spotify and Apple Podcasts.

Episode 24: Henderson v. Springfield R-12 School District

Henderson v. Springfield R-12 School District, argued en banc before the U.S. Court of Appeals for the Eighth Circuit on January 15, 2025. Argued by Braden H. Boucek of the Southeastern Legal Foundation (on behalf of Brooke Henderson, et al.) and Tina Fowler (on behalf of the Board of Education of the Springfield R-12 School District, et al.).

Background of the case, from Circuit Judge Colloton’s Eighth Circuit panel opinion:

In 2020, the Springfield R-12 School District required its employees to attend “equity training.” Two employees who attended the training sued the school district and several school officials under 42 U.S.C. § 1983. The plaintiffs alleged that during the training, the defendants compelled them to speak as private citizens on matters of public concern, and engaged in viewpoint discrimination in violation of the First and Fourteenth Amendments. The district court granted summary judgment for the school district on the ground that the plaintiffs did not suffer an injury in fact and thus lacked standing to sue. The court also found that the lawsuit was frivolous and awarded attorney’s fees to the school district. The plaintiffs appeal. Because we agree that the plaintiffs did not establish an injury in fact, we affirm the dismissal. We conclude, however, that the fee award was unwarranted and reverse that portion of the judgment.

Statement of Issues Presented for Review, excerpted from the Brief of Appellants:

  1. Whether SPS [Springfield Public Schools] unconstitutionally compelled Plaintiffs to speak on matters of public concern and adopt its views in violation of the First Amendment.
  2. Whether SPS unconstitutionally discriminated against Plaintiffs’ views when it adopted a position on current affairs and told Plaintiffs that their views were wrong.
  3. Whether SPS created an unconstitutional condition of employment when it compelled speech on matters of public concern and engaged in viewpoint discrimination.
  4. Whether the district court erred in finding Plaintiffs’ claims frivolous.
  5. Whether the district court erred in awarding attorney fees in the amount of $312,869.50 and costs in the amount of $3,267.10 to Defendants.
  6. Whether reassignment to a different judge is appropriate on any remand.

Resources:

Listen to the argument here:

     

Episode 23: Free Speech Coalition, Inc. v. Paxton, argued before the Supreme Court of the United States on January 15, 2025.
Listen to the argument here:   

Episode 22: TikTok Inc. v. Merrick Garland, argued before the Supreme Court of the United States on January 10, 2025.
Listen to the argument here:   

Episode 21: Bristol Myers Squibb Co. v. Secretary United States Department of HHS, consolidated under AstraZeneca Pharmaceuticals LP et al v. Secretary United States Department of HHS, argued before the U.S. Court of Appeals for the Third Circuit on October 30, 2024.
Listen to the argument here:   

Episode 20: Moms for Liberty – Wilson County, TN, et al. v. Wilson County Board of Education, et al., argued before the U.S. Court of Appeals for the Sixth Circuit on October 29, 2024.
Listen to the argument here:   

Episode 19: Central Maine Power Company, et al. v. Maine Commission on Governmental Ethics and Election Practices, et al., argued before the U.S. Court of Appeals for the First Circuit on October 9, 2024.
Listen to the argument here:   

Episode 18: Little, et al. v. Llano County, et al., argued en banc before the U.S. Court of Appeals for the Fifth Circuit on September 24, 2024.
Listen to the argument here:   

Episode 17: TikTok Inc. v. Merrick Garland, argued before the U.S. Court of Appeals for the District of Columbia Circuit on September 16, 2024.
Listen to the argument here:   

Episode 16: NetChoice, LLC v. Bonta, argued before the U.S. Court of Appeals for the Ninth Circuit on July 17, 2024.
Listen to the argument here:   

Episode 15: X Corp. v. Bonta, argued before the U.S. Court of Appeals for the Ninth Circuit on July 17, 2024.
Listen to the argument here:   

Episode 14: The Imperial Sovereign Court of the State of Montana v. Knudsen, argued before the U.S. Court of Appeals for the Ninth Circuit on June 4, 2024.
Listen to the argument here:   

Episode 13: Can You Be Punished for Sharing Publicly Broadcast Court Hearings (Somberg v. McDonald), argued before the U.S. Court of Appeals for the Sixth Circuit on June 12, 2024.
Listen to the argument here:   

Episode 12: Florida’s STOP Woke Act in Higher Education (Pernell v. Lamb), argued before the U.S. Court of Appeals for the Eleventh Circuit on June 14, 2024.
Listen to the argument here:   

Episode 11: National Republican Senatorial Committee, et al. v. Federal Election Commission, et al., argued before the U.S. Court of Appeals for the Sixth Circuit sitting en banc on June 12, 2024. 
Listen to the argument here:   

Episode 10: U.S. v. Sittenfeld, argued before the U.S. Court of Appeals for the Sixth Circuit on May 9, 2024
Listen to the argument here:   

Episode 9: Diei v. Boyd, argued before the U.S. Court of Appeals for the Sixth Circuit on May 2, 2024.
Listen to the argument here:   

Episode 8: Spectrum WT v. Wendler, argued before the U.S. Court of Appeals for the Fifth Circuit on April 29, 2024.
Listen to the argument here:   

Episode 7: Joseph W. Fischer v. United States, argued before the Supreme Court of the United States on April 16, 2024.
Listen to the argument here:   

Episode 6: U.S. v. Mackey, argued before the United States Court of Appeals for the Second Circuit on April 5, 2024.
Listen to the argument here:   

Episode 5: Gilliam v. Gerregano, argued before the Supreme Court of Tennessee on April 3, 2024.
Listen to the argument here:   

Episode 4: Gonzalez v. Trevino, argued before the Supreme Court of the United States on March 20, 2024.
Listen to the argument here:   

Episode 3: Murthy v. Missouri, argued before the Supreme Court of the United States on March 18, 2024.
Listen to the argument here:   

Episode 2: NRA v. Vullo, argued before the Supreme Court of the United States on March 18, 2024.
Listen to the argument here:  

Episode 1: Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, argued before the Supreme Court of the United States on February 26, 2024
Listen to the argument here:  

Get the Latest Updates

© 2025 Institute for Free Speech | 1150 Connecticut Avenue, NW | Suite 801 | Washington, DC 20036 | 202-301-3300

The word mark Institute for Free Speech® and its logo of a stylized lantern with a flame are federally registered service marks and are owned by the Institute for Free Speech.