Doesn't this call for a straightforward Pickering/Connick analysis? I'm assuming Garcetti wouldn't apply, unless the teacher used Facebook to communicate officially with students. I lean strongly in favor of protecting the teacher's speech which, crude as it was, was clearly on a matter of public concern. So isn't the key inquiry whether the employer can demonstrate that this particular speech was harmful to the good order and discipline of the school? Seems to me there would be lots of facts we'd need to know. Was the post readable by anyone or just the teacher's Facebook friends? What's the climate for gay students at the school? Could it be argued that this post realistically (without the fuss caused by the suspension itself) would have caused harm to gay students or disrupted the school generally?
Steve Sanders University of Michigan Law School On Aug 18, 2011, at 6:56 PM, "Volokh, Eugene" <vol...@law.ucla.edu> wrote: > Any thoughts on this? > > > > http://www.cnn.com/2011/US/08/18/florida.teacher.facebook/ > > > > Lake County Schools Communications Officer Chris Patton said school officials > received a complaint Tuesday about the content on Mount Dora High School > teacher Jerry Buell's personal Facebook page .... CNN affiliate Central > Florida News 13 reported that a status post on it said, "I'm watching the > news, eating dinner, when the story about the New York okaying same sex > unions came on and I almost threw up." > > > > Patton would not confirm the content of the post, but he said Lake County > officials are taking the matter very seriously. > > "We began to review the code of ethics violations immediately and yesterday > afternoon temporarily reassigned the teacher pending the outcome of the > investigation," Patton told CNN Thursday.... > > > > The newspaper said that in the same July 25 post, Buell said same-sex > marriages were part of a "cesspool" and were a "sin." ... > > > > Buell, a teacher for more than 26 years [and a former “teacher of the year”], > served as the Social Studies Department chair at Mount Dora and taught > American history and government, according to the high school's website.... > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are posted; > people can read the Web archives; and list members can (rightly or wrongly) > forward the messages to others.
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
