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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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