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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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