Federal district judge rules against Ohio teacher who put up ‘Hate Has No Home Here’ poster

A U.S. District Judge ruled against a suburban Cincinnati high school history teacher who sued his school district for violating his First Amendment rights.

Last February, the Little Miami School Board in suburban Cincinnati ordered a social studies teacher to remove a “Hate Has No Home Here” poster because it included images of LGBTQ+ and trans Pride flags, alongside other flags. In response, the Little Miami High School teacher, George McIntyre, sued the district for violating his First Amendment rights. 

Judge Matthew McFarland, a Trump appointee, said the district did not violate McIntyre’s right to free speech because managing his classroom during the school day “relates to his job responsibilities, not private citizen speech.”

“McIntyre could disagree with the Board’s judgment, but the First Amendment did not give him a right to disregard its direction when speaking pursuant to his official duties,” McFarland said in his opinion.

However, nowhere in the judge’s ruling did he mention Ohio’s House Bill 8, passed into law this year, which restricts public school teachers’ ability to speak about LGBTQ+ people and history without parental notification. Instead, he relied on court precedent, including a recent case involving a New Richmond teacher who was suspended for having books with LGBTQ+ characters available in her classroom. 

McIntyre’s lawyer, Joshua Engel, said in a statement the teacher is “disappointed in the decision” but Engel and McIntyre will appeal to the U.S. Sixth Circuit Court of Appeals because they “think this case has significant free speech issues.”

“I am concerned that some in the community may see this decision as a license to discriminate against LGBTQ students,” Engel said.

The district did not respond to a request for comment. 

The local Warren County Republican party, which supported conservative candidates’ election to the Little Miami Board of Education, celebrated the decision in a press release posted to social media. 

The ruling was an example of why Republicans must run for local school boards, said Christian Mays, chairman of the Warren County GOP. After Mays first spoke at a Little Miami School Board meeting to advocate for a policy restricting what flags and displays were permitted, he said the party “began actively recruiting individuals willing to seek election to not only the Little Miami Board of Education but school boards across the county.”

“The November 9 ruling reinforces an important constitutional principle: While public school teachers retain their rights as private citizens, they do not possess an unrestricted First Amendment right to display personal messages in their classrooms contrary to the lawful direction of their elected school boards,” Mays said. “Our children deserve an education focused on learning rather than personal ideological agendas.” 🔥

---

IGNITE ACTION

• If you are a young LGBTQ+ person in crisis, please contact the Trevor Project: 866-4-U-Trevor.
• To learn more about Ohio’s LGBTQ-related legislation, read The Buckeye Flame’s 2025-2026 LGBTQ+ Legislation Guide by clicking here.