Thank you and Goodnight (and Some Thoughts on Anti-Gay Discrimination in Schools)

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1 Response

  1. Howard Wasserman says:

    I don’t think a First Amendment claim would work, in light of the more-robust government speech doctrine and Garcetti, both of which developed well after Brennan’s opinion in Pico. The government has fairly extensive control over what the school curriculum and sponsored non-curricular activities will be. And in talking (or not) about LGBT issues and trying to prevent LGBT bullying, teachers are speaking as part of their jobs within the meaning of Garcetti.