Wow. This blows my mind. The court found that the content of Evans-Marshalls teachings concerned matters of political, social or other concern to the community and that her interest in free expression outweighed certain other interests belonging to the school as an employer. But, fatally, the court concluded that government employees… are not speaking as citizens for First Amendment purposes. While the sixth circuit allowed that Evans-Marshall may have been treated shabbily, it still maintained (quoting from another opinion) that when a teacher teaches, the school system does not regulate [that] speech as much as it hires that speech. Expression is a teachers stock in trade, the commodity she sells to her employer in exchange for a salary. Thus, the court concluded, it is the educational institution that has a right to academic freedom, not the individual teacher.
Posted on: Wed, 24 Dec 2014 02:14:55 +0000
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