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Legal Principle at Issue

Whether a teacher whose contract was not renewed after several speech-related incidents had his First Amendment rights violated.

Action

Vacated and remanded. Petitioning party received a favorable disposition.

Facts/Syllabus

Respondent, an untenured teacher (who had previously been involved in an altercation with another teacher, an argument with school cafeteria employees, an incident in which he swore at students, and an incident in which he made obscene gestures to girl students), conveyed through a telephone call to a radio station the substance of a memorandum relating to teacher dress and appearance that the school principal had circulated to various teachers. The radio station announced the adoption of the dress code as a news item. Thereafter, petitioner School Board, adopting a recommendation of the superintendent, advised respondent that he would not be rehired, and cited his lack of tact in handling professional matters, with specific mention of the radio station and obscene gesture incidents. Respondent then brought this action against petitioner for reinstatement and damages, claiming that petitioner's refusal to rehire him violated his rights under the First and Fourteenth Amendments.