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School Board?s attempt to discipline teachers for protesting the closing of schools held to violate the teachers? First Amendment rights

School Board?s attempt to discipline teachers for protesting the closing of schools held to violate the teachers? First Amendment rights
Conn and Miller v Board of Education, City of Detroit, Federal District Court, Eastern District of Michigan, Southern Division, Docket No. 2:08-cv-13073, Justice Stephen J. Murphy, III

Stephen J. Conn and Heather Miller, tenured teachers in the Detroit Public Schools, were vocal opponents of the Board of Education?s plan to close 38 schools due to budget difficulties. The two participated in a march and rally in opposition to the closing plan. They continued to actively oppose the school closings during the remainder of the school year. On June 29, 2007, Lamont Satchel, the acting superintendent of the Detroit School District, placed both Conn and Miller on temporary unpaid administrative leave ?due to [their] conduct at or in connection with the rally.?

Just before the date that teachers in the Detroit Public Schools were required to report for a new school year, the Board advised Conn and Miller that they would remain on administrative leave for an indefinite period. Subsequently the Board filed disciplinary charges against each teacher based upon the events that occurred during the rally and advised them that ?the Board was recommending their dismissal.?

Conn and Miller sued, contending that the Board?s action violated their First Amendment Rights.

A federal district court agreed and issued a preliminary injunction restoring them to their teaching position.

The Court found that, as a matter of law, the activities of Conn and Miller such as speaking at Board meetings, participating in rallies, and participating in a lawsuit in opposition to the Board's plans, are the types of First Amendment activities ?clearly encompassed? by the opinion rendered by the US Supreme Court in Pickering v Board of Education, 391 U.S. 563.?

The Court found, based on the entire record before it, that Conn?s and Miller?s actions at issue were exercised in full pursuit of their fundamental First Amendment rights of speech and freedom to assemble. In the words of Justice Murphy: ?On the record before this Court, and in light of the activities asserted by the plaintiffs in exercising their fundamental rights of speech and assembly, the Court finds that the public interest will be served by issuing an injunction returning the teachers to their teaching positions.? In addition, Justice Murphy commented that they are highly likely to succeed on the merits of this case.

The full text of the decision is posted on the Internet at:

http://www.nsba.org/cosa2/clips/docs/conn_v_detroit_boe.pdf

Full post as published by New York Public Personnel Law on November 19, 2008 (boomark / email).