In Wood v. Florida Department of Education, (11th Cir., July 2, 2025), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, held that a transgender woman teacher's right to free speech was not violated by a Florida statute that prohibits her from using the title “Ms.” and the pronouns “she,” “her,” and “hers” in exchanges with her high school students during class time. The majority concluded that the teacher "cannot show, with respect to the expression at issue here, that she was speaking as a private citizen rather than a government employee." The majority said in part:
... [W]e needn’t—and don’t—consider whether Wood has a First Amendment right to use gendered identifiers or don a “she/her” pin when conversing with colleagues in the faculty lounge, or, for that matter, even whether she has a right to do those things in her classroom after the students have departed for the day....
When a public-school teacher addresses her students within the four walls of a classroom—whether orally or in writing—she is unquestionably acting “pursuant to [her] official duties.” Interacting with students during class time, quite literally, is a teacher’s “official dut[y].” We reiterate that our decision is a narrow one. We hold only that when Wood identified herself to students in the classroom using the honorific “Ms.” and the pronouns “she,” “her,” and “hers,” she did so in her capacity as a government employee, and not as a private citizen....
Judge Jordan dissented, saying in part:
The preferred personal title and pronouns of a teacher are, like her name, significant markers of individual identity. They exist outside of, and do not depend on, the school or the government for their existence....
The majority’s expansive application of the government speech doctrine essentially leaves the First Amendment on the wrong side of the schoolhouse gate. As this case demonstrates, “the government speech doctrine [is being] used as a subterfuge for favoring certain private speakers over others based on viewpoint.” ...
The statute at issue here, § 1000.071(3), has nothing to do with curriculum and everything to do with Florida attempting to silence those with whom it disagrees on the matter of transgender identity and status.