Anti-Gay Speech Not Protected by the First Amendment
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Martha Louise Piggee taught cosmetology at Carl Sandburg College in Illinois. She gave a gay student two religious pamphlets that harped on the sinfulness of homosexuality. The student told the school about Ms. Piggee and she was fired.
Ms. Piggee sued the state run college under Section 1983 claiming that her speech was protected by the First Amendment. The Seventh Circuit held that free speech is alive and well in the classroom, but that this speech had nothing to do with the classroom. Ms. Piggee's religious anti-gay pamphlets had no connection to the beauty clinic's curriculum and therefore the First Amendment did not apply.
The court found that the college has a legitimate "interest in the instructor's adherence to the subject matter of the course she has been hired to teach ... [T]he college had an interest in ensuring that its instructors stay on message while they were supervising the beauty clinic, just as it had an interest in ensuring that the instructors do the same while in the class room." Further, "[the plaintiff's] 'speech,' both verbal and through the pamphlets she put in [the student's] pocket, was not related to her job of instructing students in cosmetology. Indeed, if it did anything, it inhibited her ability to perform that job by undermining her relationship with [that student] and other students who disagreed with or were offended by her expressions of her beliefs. ... [T]he college reasonably took the position that non-germane discussions of religion and other matters had no place in the classroom, because they could impede the school's educational mission," the court said.
Piggee v. Carl Sandburg Coll., No. 05-3228, 2006 WL 2771669, at *6 (7th Cir. Sept. 19, 2006).