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Constitutional Law

Selected Works

2013

First Amendment

Susan P. Stuart

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Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart Apr 2013

Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart

Susan P. Stuart

The recent Supreme Court case of Garcetti v. Ceballos is becoming one of the most-used cases in its mere two-year history. It denies to public employees the protection of the First Amendment when speaking in their official duties. In reviewing the cases both leading up to and then relying oh Garcetti, one is struck by the inherent conflict that nowpermeates some school board-employee relationships. Whereas preceding cases attempted to reach a balance between the school board and its employees' speech rights, bad management practices now seem to trump the First Amendment. Such practices have school boards discharging teachers and administrators ...