Opinion

Columbus Education Ass'n v. Columbus City School District

  • 623 F.2d 1155
  • 105 L.R.R.M. (BNA) 2016
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 30, 1980
Status
Published
Author
Merritt
On the bench
Jones, Merritt
Cited by
18 cases

holding that a reprimand letter sent in response to a teacher’s union representation of a fellow employee’s grievance infringed on the teacher’s right of free association

How later courts described this case

  • holding that a reprimand letter sent in response to a teacher’s union representation of a fellow employee’s grievance infringed on the teacher’s right of free association
  • holding that a teacher’s “zealous advocacy as a designated union spokesperson of a fellow teacher’s complaint” was a matter of public concern
  • § 1983 injunction required to expunge letter of reprimand placed in personnel file of zealous union spokesman which would otherwise have chilling effect on exercise of free speech
  • disciplinary actions had chilling effect on teacher’s exercise of free speech

Written by the judges who cited it.

The opinion

MERRITT, Circuit Judge,

dissenting.

I agree with the District Judge that the principal’s letter to the teacher was nothing *1161 more than an expression of opinion that the teacher’s conduct toward the principal was rude and therefore “unprofessional.” In my view the principal has as much right as the teacher under the First Amendment to object to the other’s conduct. The record does not indicate that the teacher suffered any adverse consequences whatever from the principal’s letter or its retention in the teacher’s file. The principal did not exclude the teacher’s speech from the school. He did not silence the teacher. He simply objected to it and added his own critical voice to the exchange. See Tribe, American Constitutional Law §§ 12-4, 12-21 (1978).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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