However, the school system has policies in place that forbid this use of their email system. Thus, the teacher violated those policies and can be legally fired.
"It costs money to be stupid." Perhaps next time the teacher will use the proper channels.
1---"Jeff Vessels, executive director of the American Civil Liberties Union of Kentucky, said the e-mail raises interesting free-speech questions.
It has to be determined, Vessels said, whether Crow committed a violation by using school resources to convey his message and whether his opinions create a bias against any students."
This is ACLU code for, we know it is a first amendment violation, but this type of confrontation does not fit our adjenda, so we are not interested.
2--"Saylor, in a letter to Crow, told the teacher that he had violated state board of education and county school district policies with his use of the school district's e-mail system."
First Amendment states, "Congress shall make no law...abriding the freedom of speech."
Since the 14th amendment establishes the jurisdiction of the Bill of Rights within the boundaries of a state, the school system becomes "Congress."
The constitution was designed specifically to keep "governments" from abusing, denying, and disparaging rights.
Thus, the "school system shall make not law...abridging the freedom of speech."
This case is a no brainer in favor of the teacher to those who believe in the presumption of liberty.