Magazine article Developments in Mental Health Law

Ruling That High School Teacher Can Be Fired for Non-School Related Activities as Member of Organization That Advocates Pedophilia Not Disturbed

Magazine article Developments in Mental Health Law

Ruling That High School Teacher Can Be Fired for Non-School Related Activities as Member of Organization That Advocates Pedophilia Not Disturbed

Article excerpt

The Supreme Court declined to review a ruling of the Second Circuit that held that a school board could fire a high school teacher who belonged to an international organization that advocated the legalization of sexual relations between men and boys. The teacher had taught high school science for over 30 years at one of three highly selective science-oriented high schools in New York City, and had received several commendations for his school activities and teaching. He is a self-described pedophile although there was no evidence he engaged in any illegal or inappropriate conduct at the school. His outlet for his proclivity was his participation in the international organization, which he joined around 1980. He founded a publication of the organization, for which he served as editor and contributed articles. Following a television program on public school teachers who were members of the organization, many parents expressed anger at the teacher's affiliation and sought his removal, which subsequently occurred.

The Second Circuit, while noting the constitutional protection afforded the rights of freedom of association and speech, upheld the teacher's termination. The court determined that the State has greater discretion to regulate the speech and activities of its employees than it does private citizens in general because of its interest in promoting the efficiency of the public services it performs through its employees.

The court employed a two-part test. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.