Legal Opinion · Dissent

Wright v. Superintending Sch. Com., City of Portland

Supreme Judicial Court of Maine

Decided January 28, 1975Published

1DissentDelahanty, Justice

I respectfully dissent from the majority opinion on two grounds. First, I cannot accede to the constricted view of “unfitness to teach” advanced by the Court when it holds, as a matter of law, that a single, isolated instance of grave lack of judgment which does not involve such moral impropriety, professional incompetency, or unsuitability to the discharge of his duties as to undermine the teacher’s future classroom performance and overall impact on his students does not constitute “unfitness to teach” within the intendment of 20 M. R.S.A. § 473(4). Secondly, the majority barely concedes…

2Cases cited11 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Morrison v. State Board of EducationCalifornia Supreme Court · 1969
  3. Beilan v. Board of Public Ed., School Dist. of PhiladelphiaSupreme Court of the United States · 1958
  4. In Re Tenure Hearing of GrossmanNew Jersey Superior Court Appellate Division · 1974
  5. Browne v. GearWashington Supreme Court · 1899

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