Legal Opinion
Fogarty v. Boles
Court of Appeals for the Third Circuit
Decided August 4, 1997No. 96-1828PublishedCited by 51 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this claim under the First Amendment, a public school teacher asserts that he was punished because of the principal’s belief that he had called the press about a matter of public interest at the school. We conclude that plaintiff fails to meet his burden of proving a violation of his free speech rights when he denies contacting, attempting to contact, or having any intention of contacting the press. Because of the absence of protected speech, we will affirm the grant of summary judgment in favor of the principal.
Faithful to our obligation to view the…
2Cases cited22 opinions
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Perry v. SindermannSupreme Court of the United States · 1972
- Rode v. DellarcipreteCourt of Appeals for the Third Circuit · 1988
17 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Gregory Fogleman v. Mercy Hospital, IncCourt of Appeals for the Third Circuit · 2002
- Terry L. Ambrose v. Township of Robinson, PennsylvaniaCourt of Appeals for the Third Circuit · 2002
- Baldassare v. The State Of New JerseyCourt of Appeals for the Third Circuit · 2001
- Charles Kyle v. Morton High School, District 201, Margaret A. Kelly, Judy ThompsonCourt of Appeals for the Seventh Circuit · 1998
- Ethel Jones v. Gary Collins, Superintendent of Texarkana Independent School DistrictCourt of Appeals for the Fifth Circuit · 1998
46 more not listed; retrieve them via the Exa API.