Abston v. Woodard

This appeal has occasioned my re-examination of the opinion in this case on its first appeal, Abston v. Woodard, 398 So.2d 237 (Ala.1981) (Abston I), in which I concurred. The learned trial judge focused attention on the problem when he observed that “[t]he Supreme Court, apparently, [in the first appeal] establishes a new rule of evidence and they said that he [Abston] proved that he may have been dismissed for that reason.” For the reasons hereinafter stated, it is my considered judgment that Abston I palpably misapplies federal law protecting first amendment exercises as announced in Mt.…