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Ninth Circuit Finds No First Amendment Violation in Teacher's Demotion over Blog Comments

By Tresa Baldas
June 29, 2009

Delivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it.

The Ninth U.S. Circuit Court of Appeals concluded that teacher Tara Richerson's blog contained “several highly personal and vituperative comments” that justified the Central Kitsap School District's decision to transfer her from her job as a curriculum specialist and instructional coach to a classroom teaching position. The court found that Richerson's speech was disruptive, eroded work relationships and interfered with her job performance, which involved mentoring teachers.

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