ILNews

SCOTUS deciding whether to hear teacher firing case

Michael W. Hoskins
January 1, 2007
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The Supreme Court of the United States has asked for more information before deciding whether to accept a case involving a former Bloomington elementary school teacher fired over comments she made about the Iraq war during class.

Deborah A. Mayer, who now teaches at an elementary school in Florida, lost her job after making comments to elementary students in early 2003 - just prior to the war's beginning - that she would "honk for peace" when passing war protests. Some parents later complained about her comments, and the Monroe County Community School Corp. ultimately fired her.

She lost her claims before U.S. District Court Judge Sarah Evans Barker in Indianapolis and the 7th Circuit Court of Appeals in Chicago, which ruled in favor of the school district in January and dismissed the claim.

Today marks the due day for briefs from the school district, which initially passed on the opportunity to respond to Mayer's petition.

If the nation's highest court accepts the case, this would be the first briefing before the SCOTUS that Lebanon attorney Michael L. Schultz, with Parr Richey O'Bremskey & Morton, would have. He is asking the court to consider whether the free speech clause of the First Amendment limits a public school board's power to punish a teacher's instructional speech, when that speech is part and parcel of the approved curriculum and involves a matter of great public concern

Circuit courts are split on the issue, Schultz said, including the 7th Circuit that established in its ruling that teachers don't have any protection. Others have ruled that there's no unfettered right to restrict teacher speech on important public matters, as well as that schools have a right to censor certain speech and publications.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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