Education Law

Sixth Circuit Applies Garcetti to Classroom Speech

Today, the Sixth Circuit issued an opinion in Evans-Marshall v. Board of Education applying Garcetti v. Ceballos to exempt the curricular and classroom speech of a non-renewed teacher from First Amendment protection.  I'll have more to say about the decision later, but on a first read, my initial impressions are that:

1.  The case ultimately presents a pretty straighforward application of the Garcetti holding, finding that classroom teaching and expressive curricular choices, as expression "pursuant to the official duties" of a teacher, is unprotected. 

AND

2.  The case should allow for a more definite (as opposed to hypothetical) inquiry as to whether the Garcetti rule makes sense, and whether it deserves to be rethought in the context of academic speech. 

The Sixth Circuit's slip opinion is here. 

Full post as published by Edjurist on October 21, 2010 (boomark / email).