EVANS-MARSHALL v. BD. OF EDUC. OF TIPP CITY

No. 09-3775.

624 F.3d 332 (2010)

Shelley EVANS-MARSHALL, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the TIPP CITY EXEMPTED VILLAGE SCHOOL DISTRICT; Charles W. Wray; John T. Zigler, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

October 21, 2010.


Attorney(s) appearing for the Case

ON BRIEF: Lynnette Dinkler , Jamey T. Pregon , Dinkler Pregon LLC, Dayton, Ohio, for Appellees. Shelley Evans-Marshall, Humble, Texas, pro se.

Before: SILER and SUTTON, Circuit Judges; CLELAND, District Judge.


OPINION

SUTTON, Circuit Judge.

Does a public high school teacher have a First (and Fourteenth) Amendment right "to select books and methods of instruction for use in the classroom without interference from public officials"? Yes, says the teacher, Shelley Evans-Marshall. No, says the Tipp City Board of Education. Because the right to free speech protected by the First Amendment does not extend to the in-class curricular speech of teachers in primary and...

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