Thursday, December 1, 2011
9th holds that School Did Not Violate Teacher’s Rights By Ordering Removal Of Classroom Religious Banners
Johnson v. Poway Unified Sch. Dist., No. 10-55445 (9th Cir. Sept. 13, 2011), is an interesting case. The 9th Circuit held that a California school district did not violate a high school teacher’s free speech or equal protection rights when the school’s principal ordered the teacher to remove banners displayed in his classroom that contained religious references. In regard to the free speech claim, it concluded that the lower court had erred by applying forum analysis. The panel found that the speech issue should be analyzed in accordance with the multi-prong test established by Pickering v. Bd. of Educ. of Twp. High Sch. Dist. 205, 391 U.S. 563 (1968) and its progeny.
Mitchell H. Rubinstein