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A federal appeals court ruled earlier this week that a now-fired Oregon school counselor’s display of books promoting binary gender views to students was not protected by the First Amendment.

The 2-1 decision handed down by the 9th U.S. Circuit Court of Appeals on Tuesday upheld Roderick E. Theis II’s termination from Oregon’s InterMountain Education Service District (IMESD), according to court documents obtained by Fox News Digital.

The court also rejected Theis’ appeal.

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According to the ruling, Theis, an education specialist who worked for the IMESD for more than 15 years, displayed books titled "He is He" and "She is She" in two separate offices on different campuses when meeting with middle school students.

He also displayed a children’s book penned by conservative commentator Matt Walsh titled "Johnny the Walrus" that "allegorically comments on transgender issues," court documents said.

Following an investigation into the incident, Theis told school administrators that he did not mean any harm by displaying the books and even considered putting them away when transgender-identifying students visited his office.

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However, IMESD concluded the display of the books was a "bias incident" and instructed the counselor to remove them from his school offices — or risk termination.

A federal judge later partially granted Theis’ request for a protective order that allowed him to continue displaying the books in his offices when students were not visiting, but his employment was ultimately terminated after a district investigation revealed Theis provided the books to middle school students who had requested to see them, according to the ruling.

Theis’ attorneys went on to argue that the counselor was protected from the injunction when meeting with students outside their official sessions, but a lower court later ruled that the partial injunction prohibited Theis from displaying the books when students were present in his office.

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The lower court, however, issued another ruling against Theis’ termination appeal.

The ruling was upheld by the 9th U.S. Circuit Court of Appeals on Tuesday, with the majority opinion outlining longstanding precedents that an educators’ speech is considered government speech when interacting with students.

"As a government employee, Theis was assigned to work in school offices, meet with students, and carry out his duties in that setting," Circuit Judge John B. Owens wrote in the majority ruling. "His speech occurred in the course of those responsibilities and cannot be meaningfully separated from them. As such, Theis’s speech falls outside the First Amendment’s ambit."

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The sole dissenting opinion, written by Circuit Judge Lawrence VanDyke, sharply criticized the ruling. VanDyke argued that Theis’ books should be considered personal decorative items in his office, while questioning if a school could permit employees to hang pro-Palestinian banners while simultaneously banning the display of the Israeli flag.

"Could public school administrators establish a policy allowing office decoration with partisan political messages deemed sufficiently ‘compassionate,’ but prohibit — as inherently hostile — any political speech that did not align with the Democratic Socialists of America platform?" VanDyke wrote.

Fox News Digital reached out to Theis’ attorney and the IMESD for comment.

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The CJP protest has been the most visible expression of public anger against PM Narendra Modi's government in recent years.

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A flight was forced to return to the airport after a passenger brawl erupted on board. 

The disturbing incident took place earlier this week on a flight from Tenerife, in the Canary Islands, en route to Liverpool, United Kingdom, the BBC and other outlets reported.

Approximately 10 passengers were involved in the brawl, which broke out on an easyJet flight soon after the flight departed, the outlet noted.

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Police met the 186-passenger aircraft upon its return, and the flight later continued to Liverpool.

An easyJet spokesperson confirmed the incident to Fox News Digital.

The official said the aircraft "returned to Tenerife South Airport after takeoff due to a group of passengers on board behaving disruptively."

The person added, "The flight then continued onto its final destination."

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The official added that easyJet's cabin and ground crews are trained to quickly assess and respond to on board disruptions to prevent passenger safety from being compromised.

"We take these incidents very seriously and do not tolerate disruptive behavior toward our staff," the spokesperson added.

"The safety and well-being of customers and crew is always our highest priority."

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Commenters on an aviation-focused Reddit forum criticized the passengers for brawling aboard the flight.

"Of all the places, these people decide to fight inside the plane and during the flight," one person said.

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Brits also poked fun at the flight's destination in Liverpool.

 "Of course, it was a flight to the U.K.," a Reddit user said.

"Can’t be the Liverpool lads," another person said sarcastically. 

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The easyJet incident is the latest in a string of recent passenger disruptions aboard airplanes.

Fox News Digital previously covered another case of disruptive behavior aboard an aircraft when a passenger allegedly yanked open an emergency exit during a lengthy tarmac delay.

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FIRST ON FOX: Sean McCann, a Democratic candidate for Congress in Michigan’s 4th Congressional District, has taken at least $57,600 in contributions from energy groups while supporting Green New Deal policies that were projected to increase utility costs, records show.

McCann’s record on energy is resurfacing as he wages an uphill campaign to unseat Rep. Bill Huizenga, R-Mich., and raises questions about his approach to federal energy policy. McCann first served as the Kalamazoo city commissioner from 1999 to 2008. He would then go on to serve in the Michigan House from 2011 to 2015 and in the Michigan Senate from 2019 to 2023. As a senator, he served as chair of the Senate Energy and Environment Committee.

Since 2011, records show that McCann has accepted at least $57,600 from the DTE Energy PAC, a Michigan-based energy group, and CMS Energy Corporation Employees for Better Government. He also accepted at least $560 in food and beverages from energy lobbyists since 2021.

DTE, in particular, provides energy for millions of customers in the state and describes itself as a politically active organization.

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"DTE Energy is an active participant in the political process and encourages its employees to participate in the process. DTE Energy supports public policies that promote its commitment to sustainable, reliable, affordable and safe energy," the group states on its website.

Notably, according to FEC records, the group has donated to candidates on both sides of the aisle, including Rep. Bob Latta, R-Ohio, a top Republican on the House Energy and Commerce Committee.

McCann has also supported policies projected to increase utility costs, such as SB 271 of 2023 — Michigan’s "Green New Deal," as Republican critics called it.

The bill, which ultimately passed and was signed into law by Gov. Gretchen Whitmer in 2023, set clean energy requirements in order to reach a 100% clean energy standard by 2040.

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Among its many provisions, it required utility companies to implement at least a 50% renewable energy portfolio by 2030, a change some experts project will spike energy costs for consumers.

"That plan would cost Michiganders $386 billion by 2050, which amounts to an average annual cost increase of $2,746 per customer, or an additional $228.83 on monthly utility rates," the center said in a report on the plan.

"It would expose Michigan residents to a greater risk of blackouts. The most prolonged blackout based on the model would last 61 continuous hours during winter when Michigan residents need reliable energy the most," the report added.

The Mackinac Center is a policy nonprofit that champions the principles of free markets and limited government.

DTE did not respond to requests for comment on whether the company had taken a position on the plan or whether it stood to benefit from its implementation.

McCann praised the bill’s passage as a key environmental piece of legislation.

"These policies will safeguard public health and better protect our environment now and for future generations," McCann said in a statement following its passage.

During that same time, McCann voted against an amendment for a separate bill, SB 502, that would have prevented utility companies from raising electric rates on residential Michigan customers until 2040.

When asked about the contributions and his voting record, McCann’s campaign noted that his opponent, Huizenga, has also taken considerable amounts from DTE.

DEM ‘EPSTEIN CLASS’ ATTACK BACKFIRES AS TOP CANDIDATES FUNDED BY EPSTEIN-TIED BILLIONAIRE

"Bill Huizenga cashed more than $250,000 from utility companies and then voted to jack up our energy prices – and like the typical politician Huizenga is, he’s now trying to cover up his own corrupt record by lying about Sean," Simon Archer-Krauss, a campaign spokesperson, said in a statement.

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Huizenga has received 42 payments from DTE, totaling $80,500 since 2010, according to FEC records. DTE has also contributed to his joint leadership fund and to his PAC to the tune of $6,000 and $22,500, respectively.

McCann has yet to clinch the Democratic nomination to officially challenge Huizenga in the November general election.

Michigan will hold its primary elections on Aug. 4.

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Considering it will no doubt be hanging in the United Center rafters at some point, I think most people assumed that the last time a Chicago Blackhawks No. 88 sweater would hit the ice was in Patrick Kane's final game before getting traded to the New York Rangers in 2023.

Wrong.

On Thursday, the Blackhawks announced that Kane, who won three Stanley Cups in Chicago and is the top American-born scorer in NHL history, is returning to the team on a two-year, $16 million deal.

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It's a great deal for Kane. According to Puckpedia, his previous contracts with Detroit were all one-year deals, the biggest being worth $4 million. His new AAV is double that.

Of course, Chicago, being a younger team, has the cap flexibility to overpay a little bit, but there's a good chance this will be worth every cent.

For starters, Kane had a solid year last year, posting 57 points (16G, 41A) in 67 games. Is it on par with the production at the pinnacle of his career? No, but for a Blackhawks team that needs scoring, it's a huge help, especially when it comes to setting up scoring opportunities.

He'll also be key for the Connor Bedard-less Blackhawks early in the season because if they want a chance of sneaking into the postseason, they'll have to rack up some points while No. 98 is sidelined.

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The Blackhawks could be a tough team to play at home, especially early in the year. Imagine how electric the United Center will be for Kane's return. Chicago fans haven't had much to cheer about over the last few years, so maybe that excitement will be something the team can feed off of.

At 37 years old, there's a good chance this is Kane's final NHL contract.

And, if it is, what better way to wrap things up than by returning to the team he helped put back on the map in the 2010s.

Maybe he can do it again in the 2020s.

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Canada's industry is in the spotlight after the US president singled it out as one of three main irritants used to justify new tariffs.

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Actor Kelsey Grammer issued a warning about the state of American education, arguing that citizens who fail to learn the nation's founding history risk being manipulated.

Speaking on "Planet Tyrus" Tuesday, Grammer called for an overhaul of the nation's education system while pushing back against critics who dismiss the Founding Fathers as "old White guys in wigs."

"If you don't know where you come from, you don't know who you are. If you don't know who you are, you can be controlled," Grammer warned.

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"There's a whole bunch of things that just have got to stop with our educational system, and we got to retool it. There's no question," he said.

Grammer recently starred in the film, "Young Washington," which follows the Founding Father before he became the nation's first president. Grammer also hosted the six-episode Fox Nation series "The Patriot War," narrating key points in the American Revolution ahead of the nation's 250th anniversary.

The former "Frasier" and "Cheers" actor said America's past serves as a blueprint for its future — one he believes many young people are dismissing.

KELSEY GRAMMER URGES AMERICANS TO LOOK TO FOUNDING FATHERS FOR GUIDANCE AS NATION FACES DEEP DIVISIONS

"Yeah, I'm pretty tired of the old White guy in [a] wig thing," Grammer told Tyrus. "I mean Thomas Jefferson was 33 when he wrote what is arguably the most important political document in the history of man," he said.

Grammer emphasized that the American Revolution was fought on radical ideas rather than identity and called for a stronger push to teach early American history.

"It never had anything to do with the way you looked," Grammer said. "It had everything to do with the way you thought and the way you dreamed, and that's all America."

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He argued the Founding Fathers did not claim America would be perfect but envisioned an evolving quest for better.

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"The land of the possible. Yeah, absolutely. It's always [going to] fall a little short, but that's just it. It's the world of becoming. We're becoming a more perfect union, always, rather than we just are one," Grammer said.

Grammer said that most of the 56 people who signed the Declaration of Independence "ended in ruin" by sacrificing everything for the nation. He added, "Some of their children were murdered, some of their wives were raped," and said their spirit of resilience in hard times remains today.

"They paid the ultimate sacrifice, the ultimate one. And they would probably do it again. And I think that sort of character is what still is in most of us. I believe in America that way," Grammer said.

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