Hendricks v. DHS — Fed. Cir. (Nov 9, 2026)
The Federal Circuit hears Hendricks versus the Department of Homeland Security, a challenge to the firing of a Border Patrol supervisor over Facebook posts. Thomas Hendricks posted to a group of current and former agents. The central post used a sexually explicit, altered image of President Trump and a congresswoman. Customs and Border Protection fired him for conduct unbecoming a supervisor. An administrative judge upheld the removal, and the Merit Systems Protection Board said that this one post alone justified the misconduct charge and the penalty. Hendricks will argue that his posts were protected speech and that the penalty was not properly justified. The government will defend the firing as a reasonable response to misconduct that harmed the agency. This is an employment-discipline case, not a criminal prosecution: listen for how that distinction affects the free-speech debate, and whether the board adequately justified firing him.
Hendricks v. DHS (No. 25-1777) — U.S. Court of Appeals for the Federal Circuit, argued November 9, 2026.
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