Court of Appeals of New York

The Appellate Division erred in granting petitions challenging fines imposed on petitioners following the school district's determination that petitioners engaged in misconduct during a teachers' union picketing demonstration that took place on a public street in front of a middle school, where: 1) the picketing demonstration, a form of "speech" protected by the First Amendment, addressed a matter of public concern; but 2) petitioners' interests in engaging in constitutionally protected speech in the particular manner that was employed on the day in question were outweighed by the school district's interests in safeguarding students and maintaining effective operations at the middle school; and 3) the school district also satisfied its burden of proving that the discipline imposed here was justified because petitioners created a potential yet substantial risk to student safety and an actual disruption to school operations.

Appellate Information

• Decided 05/06/2014
• Published 05/06/2014

Judges

• ABDUS-SALAAM

Court

• Court of Appeals of New York

Counsel