f a teacher is in part terminated for constitutionally protected speech, may a school board still avoid any constitutional violation?
Public employers, including school boards, do have the opportunity to make a so-called Mt. Healthy defense and claim they would have made the same decision to take adverse action against the employee, even if the employee had not engaged in any constitutionally protected speech. The Supreme Court established this defense in the case of Mt. Healthy City School District Board v. Doyle. In Mt. Healthy, a teacher alleged he was fired in retaliation for calling a radio station about the adoption of a teacher dress code. The school board admitted it had fired the teacher in part for his action in contacting the radio station about school board policy. However, the school board also cited several other instances of the teacher’s misconduct, including allegedly making an obscene gesture to two female students who would not obey his orders, insulting students with foul language, and arguing and engaging in physical contact with another teacher. Lower courts determined that the teacher showed hi
