Should the NYS Commissioner Remove Carl Paladino from the Buffalo School Board?
Are Abhorrent, Racist Comments Protected by the First Amendment?
Carl Paladino, answering a questionnaire from an online Buffalo publication made outrageous comments about President and Michelle Obama – read the entirety of the comments here: http://www.timesunion.com/news/article/Former-gubernatorial-candidate-wants-Michelle-10815635.php
David Bloomfield, a professor of Education at Brooklyn College, and a highly respected attorney, in an op ed in the Albany Times Union quotes some of the comments, and, while finding the comments abhorrent, finds Paladino’s comments protected by the First Amendment. and suggests the “…commissioner should preserve her right to take such action [remove Paladino from the Buffalo School Board] in these circumstances, but withhold the ultimate sanction.”
Bloomfield avers the commissioner must answer two questions,
Do Paladino’s comments meet the test of a removable offense and, if so, should she take that action against a democratically elected official? Case law recognizes that removal is ‘a drastic remedy that should be taken only in extreme circumstances”.”
I believe the fist question to be answered by the commissioner is whether Paladino’s comments are “protected speech.”
If Paladino was speaking in his role as a member of the Buffalo School Board I do not believe his comments are protected and the commissioner is within the spirit and intent of the commissioner’s regulation governing the conduct of School Board members.
The blog I wrote six years ago that I believe is still relevant.
Freedom of Speech Outside of the Classroom: Protected and Unprotected Speech: How Do the Courts View Teacher Speech on Internet Platforms? Do Teachers Have Special Responsibilities or Special Rights Re: Freedom of Speech?
Posted on March 18, 2010 | 13 Comments | Edit
In our Brave New World of social networking, IM, Skype and the blogosphere ,the ability of teachers to “speak” to their students, parents and colleagues knows no bounds. The number and frequency of teacher blogs seems to grow daily.Should the NYS Commissioner Remove Carl Paladino from the Buffalo School Board? Are Abhorrent, Racist Comments Protected by the First Amendment? | Ed In The Apple:
Petition · Commissioner of Education of the State of New York: MaryEllen Elia: Remove Carl Paladino from the Buffalo School Board! · Change.org - https://www.change.org/p/commissioner-of-education-of-the-state-of-new-york-maryellen-elia-remove-carl-paladino-from-the-buffalo-school-board