ERIC Number: ED194954
Record Type: Non-Journal
Publication Date: 1980
Reference Count: N/A
Constitutional Rights: A View from Mt. Healthy.
Gee, E. Gordon
In their 1977 decision, "Mt. Healthy City School District Board of Education v. Doyle," the Supreme Court held that if a government employee who had a reasonable expectation of continued employment is dismissed and can show that his dismissal was motivated by his taking actions that are constitutionally protected, the employing agency must prove by a preponderance of the evidence that the employee would have been dismissed in any case for causes not constitutionally protected. The Supreme Court grappled with the conflicting interests of the state in protecting itself from the actions of its employees and with the interests of the individual in expressing himself and in maintaining employment. The case, decided unanimously, serves as an important milestone in the Court's progress from an absolute interpretation of First Amendment rights to one requiring balancing of the legitimate interests of all parties concerned. (Author/PGD)
Descriptors: Civil Rights, Court Doctrine, Court Litigation, Due Process, Employer Employee Relationship, Freedom of Speech, Government Employees, Teacher Dismissal
Not available separately; see EA 012 963.
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.