Endress v. Brookdale Community College

Patricia Endress (plaintiff) was an assistant professor of journalism at Brookdale Community College (Brookdale) (defendant). Endress served as the faculty advisor for Brookdale’s student newspaper. Endress was employed under a one-year contract (the 1974 contract) after which she would gain tenure and another one-year contract (the 1975 contract). In April 1974, Endress wrote an editorial in the school newspaper that was critical of the chairman of the board of trustees. In her article, Endress accused the chairman of certain unethical conduct. The president of the board recommended Endress’s discharge based on her causing the article to be published without the president’s approval in alleged violation of tradition and board policies. The trustees voted to terminate Endress and to rescind the 1975 contract, and Endress was accordingly discharged three days before the 1974 contract expired. Endress sued Brookdale and certain trustees (defendants) seeking damages and specific performance. Endress alleged that she had been terminated solely because she had exercised her free-press, free-association, and free-speech rights. Following a bench trial, the trial court awarded back pay and specific performance of the 1975 contract, among other remedies. Brookdale appealed, primarily arguing that Endress could not obtain specific performance of the 1975 contract.