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6th Circuit upholds public high school?s interference with teacher?s curriculum choices

By ADF Alliance Alert

Evans-Marshall v. Board of Education of the Tipp City Exempted Village School District, No. 09-3775 (6th Cir. Oct. 21, 2010) Unanimous decision by: SILER and SUTTON, Circuit Judges; CLELAND, SUTTON, Circuit Judge. Does a public high school teacher have a First (and Fourteenth) Amendment right ?to select books and methods of instruction for use in the classroom without interference from public officials?? Yes, says the teacher, Shelley Evans-Marshall. No, says the Tipp City Board of Education. Because the right to free speech protected by the First Amendment does not extend to the in-class curricular speech of teachers in primary and secondary schools made ?pursuant to? their official duties, Garcetti v. Ceballos, 547 U.S. 410, 421 (2006), we affirm the judgment rejecting this claim as a matter of law.

Full post as published by Constitutionally Correct on October 21, 2010 (boomark / email).