Selection of Play Is Curriculum Decision, Appeals Court Rules

A teacher's selection of a controversial play for students is not protected speech under the First Amendment, a divided federal appeals court has ruled.

The full U.S. Court of Appeals for the 4th Circuit ruled 7-6 this month that Buncombe County, N.C., district officials did not violate the teacher's free speech rights under the U.S. Constitution by disciplining her in connection with the selection of the play, "Independence," for a student competition.

Margaret Boring, a teacher at Owen High School in Buncombe County in 1991, picked the work for students to perform in the statewide competition. She said in court papers that the play "powerfully depicts the dynamics within a dysfunctional, single-parent family" that includes a lesbian daughter and another pregnant...