According to a series of documents filed in court, the federal Judge Nancy Joseph has ruled in favor of the Waukesha School District in their case against terminating a former teacher.
The original case filing listed Melissa Tempel, who had previously worked for the Waukesha School District as a first grade teacher, as the plaintiff.
Tempel sued the school district and its superintendent, Dr. James Sebert for allegedly firing her after she exercised her right to free speech.
In March of 2023, Tempel criticized the the school district for removing the Dolly Parton and Miley Cyrus song “Rainbowland” from the Heyer Elementary School spring concert.
The song was removed from the concert for discussing controversial themes.
Her response was a cause for concern because she criticized the school district’s decision on the social media platform X. Her supervisors claimed that she should have come to them first rather than using an online space.
Tempel was placed on an administrative leave before voting on whether or not to fire her. The 9-0 unanimous vote in favor of termination saw her lose her job in July 2023.
Judge Joseph stated that although Tempel was speaking as a private citizen, the event caused significant safety threats to the school.
Joseph stated that: “Addressing potential security risks, disruption, and disharmony in the school and District outweigh Tempel’s speech interests”.
After the incident, police were present at Heyer Elementary School for one week, which Tempel claimed was unnecessary. Joseph did not take this matter lightly, stating:
“I am unconvinced that the level of disruption shown in the record subsequent to Tempel’s tweets was as insignificant as Tempel contends. As to potential security risks and disruption, the record indicates that soon after Tempel tweeted, both Heyer’s office and the District’s main office received upwards to twenty calls per day regarding the “Rainbowland” decision”
The ruling concludes by balancing a teacher’s first amendment right to free speech against a government employer’s right to control its employees and provide public services properly and safely.
Ultimately, the case ruled in favor of the Waukesha School District and against Tempel. The judgement was entered in favor of the defendants and against the plaintiff.
