Law & Courts

School Secretary’s Comments to Press Protected, Court Says

By Caroline Hendrie — June 21, 2005 2 min read
  • Save to favorites
  • Print

A Texas school district violated a school secretary’s right to free speech when it fired her for talking to the press about a principal’s resignation, a federal appeals court has ruled.

Charlene Salge was discussing a matter of public concern when she talked to a newspaper reporter about why her boss had quit his job as the principal of the lone public high school in Edna, Texas, according to a ruling late last month by the New Orleans-based U.S. Court of Appeals for the 5th Circuit.

And her constitutional right to speak about such matters outweighed any disruption her remarks may have caused the 1,500-student district, the court held.

Edna High School Principal Kenneth Airheart resigned in 2002 after Superintendent Bob Wells criticized his performance and told him that his contract would not be extended.

Shortly afterward, Ms. Salge discussed the matter with a local reporter who called the school inquiring about staffing changes there. Mr. Wells later fired Ms. Salge after finding out that she was the source for the reporter’s article about Mr. Airheart’s departure, saying she had violated district policy by releasing confidential information.

Ms. Salge, who had been with the district for 33 years, sued in U.S. District Court in Victoria, Texas, claiming that the district had retaliated against her for exercising her First Amendment right to free speech. The district court found in her favor in June 2004, and on May 27, a three-judge panel of the 5th Circuit court unanimously affirmed that ruling.

A key question was whether Ms. Salge’s speech involved a matter of public interest, rather than one of only personal concern. Another was whether her First Amendment interest in discussing that issue outweighed her employer’s interest in efficiently providing public services.

“[A]dministration of Edna High School was an item of considerable interest in that small community,” and Ms. Salge’s views on the topic were “of greater importance because of her familiarity with the issues faced by the school district,” the appeals court held.

For those and other reasons, the panel rejected the district’s contention that Ms. Salge “was merely engaged in gossip about personnel matters with a friend rather than responding to an invitation to speak from a reporter.”

The appeals court also concluded that Ms. Salge had not actually disclosed confidential information. Mr. Airheart “had effectively waived any confidentiality rights” by discussing why he was leaving in a meeting with about 40 school staff members that he convened after receiving his negative job evaluation from Mr. Wells, the panel’s opinion said.

Moreover, the panel said, Superintendent Wells did not do enough to discern the details of Ms. Salge’s conversation with the reporter.

“[B]efore an employer may justifiably discharge an employee on a belief that that employee’s speech has caused or will cause significant disruption to the workplace, the employer must undertake a reasonable investigation of the facts to determine what the employee actually said,” the appellate judges held.

Mr. Wells said last week that the district had decided not to pursue further appeals, and would pay damages of about $158,000 to Ms. Salge, who no longer works for the district.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education
Reading & Literacy K-12 Essentials Forum Strategies to Create a Culture of Reading in Schools
Join this free virtual event to learn how teachers and school district leaders ensure students are reading enough.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images