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Weingarten v. Board of Education of the City School District of the City of New York

United States District Court for the Southern District of New York
591 F. Supp. 2d 511(2008)


Facts

The Board of Education of the City School District of the City of New York (the board) had a policy that required all employees to maintain neutrality with regard to all political candidates. Regulation D-130. The policy also prohibited material that supported political candidates from being distributed, posted, or displayed in any school building. In September 2008, the board’s general counsel notified the United Federation of Teachers (UFT) that the policy prohibited the wearing of campaign buttons at school. The president of the UFT and three public-school teachers, DelMorr, Thompson, and Pecoraro, (plaintiffs) sued the board, alleging that the policy violated the First Amendment right to free speech. The plaintiffs requested a preliminary injunction to enjoin the enforcement of the policy.

Rule of Law

Issue

Holding and Reasoning (Kaplan, J.)

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