Suppose a teacher, who had taught for 25 years and was always considered fair and helpful to all students, goes public as a member of the KKK. And suppose many parents of all races react strongly against this teacher because of his Klan membership. Is it enough to justify his termination that many parents fear that he will be unfair to minority students and a poor role model for racial tolerance? Should this teacher be entitled under the 1A to keep his job?
Which groups--NAMBLA, KKK, Boy Scouts, LAMBDA, Knights of Columbus, Al Sharpton Fan Club--are considered so contrary to public school values as to justify firing a teacher with a good record merely for membership in the group (plus disruption by parental hecklers)? My first amendment instincts tell me to protect associational freedom, but my parental rights instincts pull me in the other direction. In one sense, the 1A itself pulls both ways. The teacher has 1A interests in associational freedom, but parents and students also have a 1A interest in not being made a captive audience for (and forced to listen and learn from) someone whose values are so deeply offensive to them. Tough issue. Rick Duncan ===== Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 "Politics is not a bad profession. If you succeed there are many rewards, if you disgrace yourself you can always write a book." Ronald Reagan __________________________________ Do you Yahoo!? SBC Yahoo! DSL - Now only $29.95 per month! http://sbc.yahoo.com
