A US Federal Appeals Court has dismissed a teacher’s lawsuit, who claimed that not being allowed to circulate homophobic pamphlets broke her constitutional right to free speech.

Cosmetics teacher Martha Louise Piggee from Carl Sandburg College, Galesburg, Illinois, handed out pamphlets condemning homosexuality to her pupils.

Tracts in the pamphlets included calling homosexuality a sin, urged people to read the bible and told students they must be baptized to avoid going to hell.

Following student complaints, Miss Piggee was subsequently told by the college she could not hand out the leaflets and her actions qualified as sexual harassment. She was however not fired nor disciplined and continued to work at the college.

Judge Wood ruled the college had a right to insist Piggee refrain from proselytising while serving as an instructor because her expression of religious beliefs had nothing to do with her job of teaching cosmetology, reports the Register Mail.

Mr Heller said that Miss Piggee is prepared to fight the case all the way to the US Supreme Court, arguing the college cannot be allowed to censor her right to free speech.