Legal Opinion

California Teachers Assn. v. Governing Board

California Court of Appeal

Decided May 30, 1996No. D020372PublishedCited by 18 opinions

1Opinion of the Court

Opinion

BENKE, Acting P. J.

Summary

This case arises because a school district has adopted a policy which prevents its employees from wearing political buttons at work sites during work hours. Acting on behalf of its members, a teachers’ union challenged the policy by way of a petition for a writ of mandate. The trial court found the policy unduly infringed on the teachers’ right to free expression and granted the writ. The school board filed a timely notice of appeal.

We find the district has the power to prevent its employees from wearing political buttons in its classrooms and when they are…

2Cases cited17 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  3. United States v. GraceSupreme Court of the United States · 1983
  4. Hazelwood School District v. KuhlmeierSupreme Court of the United States · 1988
  5. Bethel School District No. 403 v. FraserSupreme Court of the United States · 1986

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3Cited by18 opinions

  1. San Leandro Teachers Ass'n v. Governing Board of the San Leandro Unified School DistrictCalifornia Supreme Court · 2009
  2. Dariano v. Morgan Hill Unified School DistrictCourt of Appeals for the Ninth Circuit · 2014
  3. Weingarten v. BD. OF EDUC. OF CITY SCHOOL DIST.District Court, S.D. New York · 2008
  4. Smith v. Novato Unified School DistrictCalifornia Court of Appeal · 2007
  5. DARIANO v. Morgan Hill Unified Sch. Dist.District Court, N.D. California · 2011

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