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"Butt Artist" case comes to an "end"

Sorry, couldn't resist that title.  It's not quite as good as the title of the paper I wrote about the case for an upcoming conference.  That title is, "Butting up against the First Amendment..."

Anyway, I'm disappointed that this case was settled.  In my opinion, the law on the rights of public employees to free speech outside of the workplace is murky at best.  This case, IMHO, was an ideal fact pattern to get some clarity and some good case law.

Also, I'm of the opinion that the district got off easy paying this guy $65K to go away and to not have to admit liability.

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About "The Gate"

The Court Speaks

  • That [schools] are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes. West Virginia v. Barnette (1943)

    It can hardly be argued that either students or teachers shed their constitutional rights ... at the schoolhouse gate. Tinker v. Des Moines (1969)

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