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Evans-Marshall v. Bd. of Educ. of the Tipp City Exempted Vill. Sch. Dist., 09-3775

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By FindLaw Staff on October 21, 2010 2:40 PM

First Amendment does not protect primary and secondary school teachers' in-class curricular speech

Evans-Marshall v. Bd. of Educ. of the Tipp City Exempted Vill. Sch. Dist., 09-3775, involved a teacher's section 1983 suit against a school board and other individuals, claiming that defendants had retaliated against her curricular and pedagogical choices, infringing her First Amendment right to select books and methods of instruction for use in the classroom without interference from public official.  In affirming the district court's grant of defendants' motion for summary judgment, the court held that the First Amendment does not protect primary and secondary school teachers' in-class curricular speech.

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