Dad’s Rude Texts to Public School Coach Protected Free Speech

Aug. 25, 2023, 9:34 PM UTC

Disrespectful language from a parent over his daughter’s playing time in a softball game might be unfortunate, but it is constitutionally protected speech a school can’t retaliate against, the Sixth Circuit ruled Friday.

“We believe any reasonable officer would have understood that” the parent’s speech was protected by the First Amendment, Judge Chad A. Readler wrote, reversing the lower court’s grant of qualified immunity, but not on a separate due process claim.

Randall McElhaney, who has season tickets to his daughter’s Tennessee high school’s softball games, was encouraged in his daughter’s instruction sheet to refrain from negativity. He criticized the ...

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