Roger A. Mailloux v. Daniel P. Kiley

This case is back after trial, following our earlier decision in regard to a preliminary injunction. 436 F.2d 565 (1971). In the light of defendants’ present argument we may have there indicated a departure from Keefe v. Geanakos, 1 Cir., 1969, 418 F.2d 359, that we did not intend. On the facts of that case we held that the teacher’s conduct could not properly subject him to suspension, on both substantive First Amendment and procedural due process grounds. We also recognized, however, that free speech does not grant teachers a license to say or write in class whatever they may feel like, and…