Mt. Healthy v. Doyle
429 U.S. 274, 97 S. Ct. 568, 50 L.Ed.2d 471 (1977)
Facts:
An untenured teacher named Doyle informed the disc jockey at a Cincinnati radio station about a memorandum on teacher dress and appearance, and the disc jockey announced it as a news item. Doyle had also been involved in several "disruptive" incidents, including arguments with other school employees and questionable conduct towards students. The school board decided not to renew his contract for the next year.
Issue:
Is a teacher's communication about school policy to a radio station protected by the First Amendment?
Decision:
Yes, but the teacher can show that his conduct was constitutionally protected and that this conduct was a substantial and motivating factor in the school board's decision not to rehire the teacher.
Reasoning:
If the teacher can show that his conduct was constitutionally protected and that this conduct was a substantial and motivating factor in the school board's decision not to rehire the teacher, the board must then show by a preponderance of the evidence that it would have reached the same decision regarding the teacher's re-employment even in the absence of the protected conduct. Without such a showing, the board's action in dismissing the teacher would violate his right to free speech under the First Amendment.
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