James Finn
Jul 22, 2023

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And this is where Tempel has an excellent First Amendment retaliation case. The school district is part of the State. District officials are government officials who may not restrain speech. Most especially, they may not use their government power to retaliate against speech they don't like.

This case isn't perfectly clear cut because there are employee-policy questions in the mix, but federal judges are going to take a very dim view of a government official firing an employee for expressing her opinion on social media.

I'm not a lawyer, but I'm friends with civil rights attorneys who tell me Tempel would be likely to prevail if she pushed this in court.

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James Finn
James Finn

Written by James Finn

James Finn is an LGBTQ columnist, a former Air Force intelligence analyst, an alumnus of Act Up NY, and an agented but unpublished novelist.

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