Comments: Teacher treated like an elementary school kid?

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Actually, there is a distinct possibility that the district is within its rights under the Supreme Court's Garcetti decision, which held that public employee speech pursuant to their position as a public employee does not have First Amendment protection, and that the employer may therefore discipline (or even terminate) an employee who engages in such speech.

Posted by Rhymes With Right at February 24, 2011 11:29 PM

Obviously these students were going about their protest in a very peaceful manner and the earlier reports mentioned that after they had had their chance to speak with district representa tives, they went back to class saying that they needed to also show that they were good students. No riot, no violence, not what many people might expect from students at an inner city school in a neighborhood with a 'reputation'. These students will become adults that have ethics and will work towards a better ideal. What more could we ask for. What I think is the worst tragedy is that these students' academic merit will be judged on tests they will be taking soon. Tests where other students at other schools have dedicated teachers like Hope helping them prepare while these have a district substitute who probably means well but cannot give these students the targeted and differenti ated instructio n they need. The students are the ones who are suffering through the districts' actions. They care about their teacher and I am sure that this is way more distractin g to them than organizing a protest.

Posted by ACourt at February 25, 2011 06:09 AM

@Rhymes With Right

Actually the Court has made clear that public employees do not surrender all their First Amendment rights by reason of their employment. Rather, the First Amendment protects a public employee's right, in certain circumstances, to speak as a citizen addressing matters of public concern. See, e. g., Pickering, supra, at 568; Connick, supra, at 147; Rankin v. McPherson, 483 U. S. 378, 384 (1987); United States v. Treasury Employees, 513 U. S. 454, 466 (1995).
Hope Moffett was disciplined for speaking out on an issue of public concern--the issue of whether her school should be remain a public school or be turned over to privite profiteers and become a charter school.

Posted by MA at March 3, 2011 09:50 PM