ACANFORA v. BOARD OF EDUCATION OF MONTGOMERY COUNTY

No. 73-1788.

491 F.2d 498 (1974)

Joseph ACANFORA, III, Appellant, v. BOARD OF EDUCATION OF MONTGOMERY COUNTY, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1974.


Attorney(s) appearing for the Case

Michael H. Gottesman, Washington, D. C. (George H. Cohen, Darryl J. Anderson, Dennis D. Clark, and Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., on brief), for appellant.

Robert S. Bourbon, Rockville, Md., for appellees.

Melvin L. Wulf, Marilyn G. Haft, New York City, and Elsbeth Bothe, Baltimore, Md., on brief, for American Civil Liberties Union, amicus curiae.

Stephen J. Pollak, John D. Aldock, David Rubin, Joel D. Gewirtz, and Shea & Gardner, Washington, D. C., on brief for National Education Association, Maryland State Education Association, and Montgomery County Education Association, amici curiae.

Before CLARK, Associate Justice, BOREMAN, Senior Circuit Judge, and BUTZNER, Circuit Judge.


BUTZNER, Circuit Judge:

Joseph Acanfora III appeals from an order of the district court denying him reinstatement to a teaching position in Montgomery County, Maryland. The district court held that the school officials wrongfully transferred Acanfora to a nonteaching position when they discovered that he was a homosexual, but it denied relief because of Acanfora's subsequent press and television interviews. We hold that Acanfora's public statements were protected...

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