Wantagh Union Free School District v. New York State Board of Regents — 2d Cir. (argued September 14, 2026)

No. 25-1136 Argued September 14, 2026 Published September 16, 2026

The Second Circuit hears Wantagh Union Free School District's challenge to New York's Part 123, which bars public schools from using team names, logos, or mascots that depict or refer to Indigenous people or cultures. Wantagh had used Warriors with Native American imagery. It agreed to retire the imagery but sought to keep and rebrand the name; the State Education Department refused. Wantagh, its school board, and board member Anthony Greco sued. The district court dismissed the municipal plaintiffs because they generally cannot bring constitutional claims against the state, and dismissed Greco's First Amendment claim involving Warriors apparel at school events. The appeal asks whether the rule is unconstitutionally vague, whether Greco's clothing is protected speech, and whether his status as an elected volunteer changes the public-employee speech analysis.

Wantagh Union Free School District v. New York State Board of Regents (No. 25-1136) — U.S. Court of Appeals for the Second Circuit, argued September 14, 2026.

Sources

Argument audio — U.S. Court of Appeals for the Second Circuit:https://ww3.ca2.uscourts.gov/audio/25-1136.mp3

Argument listing — U.S. Court of Appeals for the Second Circuit:https://ww3.ca2.uscourts.gov/oral_arguments.html

Part 123 regulation and guidance — New York State Education Department:https://www.nysed.gov/indigenous-education/mascot-guidance

Filed complaint — U.S. District Court for the Eastern District of New York:https://s3.amazonaws.com/scschoolfiles/3683/lawsuit_filing_9-29-23.pdf

District court memorandum and order — U.S. District Court for the Eastern District of New York:https://law.justia.com/cases/federal/district-courts/new-york/nyedce/2%3A2023cv07696/504485/55/

0:00Introduction