This is an interesting story, about free speech and how some people fight against it when it does not suit a particular agenda and/or point of view.
My thought is that Mrs. Day is right--free speech and The Constitution must prevail. Interestingly enough, Mrs. Day is seeking assistance from the ACLU in her scuffle with the local Teacher's Union. That's interesting. A balanced article on this same issue from the Detroit Free Press is published in today's edition. From the Detroit Free Press:
"The principle of freedom of speech trumps privacy rights, said Wayne State University constitutional law professor Robert Sedler. "She has the First Amendment right to comment to other people," Sedler said. "If the lawyer would try to get a court order to stop her from circulating this, the court would refuse to intervene." Writings published on a private listserv aren't protected from disclosure, Sedler said. "The listserv is public enough. It was circulated," he said. "The First Amendment encourages a robust exchange of ideas."
Howell Board of Education President Ed Literski said the school board has no authority to order Day to stop publishing material on her blog."
Full article here:
I am one member of a five person board. The opinions I express on this forum are mine only, and do not necessarily reflect the views or opinions of the Escambia County Staff, Administrators, Employees, or anyone else associated with Escambia County Florida. I am interested in establishing this blog as a means of additional transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory.