MI- In Howell, a teacher's e-mail center of dispute

12-21-2008 Michigan:

When does a seemingly private communication become a subject for public discussion? That's one question at the heart of an ongoing dispute between Howell teachers and a school board member.

In October, Howell school board Trustee Wendy Day reprinted a teacher's e-mail to members of a listserv, an online bulletin board, run by the Howell Education Association.

The post offered the teacher's thoughts on the possibility of a teacher strike next year in light of the coming school board elections. Teachers and the board member have been at odds ever since over the propriety of publicizing the comment and freedom of speech.

"We created this forum because e-mail at school isn't an appropriate place for discussions or commentary," said Karen Langer, a teacher at Howell High School and president of the Howell Education Association. "We'd like our members to be able to express their opinions."


The 100-member listserv is open to members of the HEA; it's unclear how Day gained access.

"It could be viewed as interference in union business," Langer said. "We felt it was extremely inappropriate. Posting those comments weren't productive, except to make that member feel embarrassed or humiliated."

Langer said a teachers union lawyer sent a cease and desist letter to Day, who responded by demanding, through her blog, an apology from union officials, who say they see no need for one.

Day could not be reached for comment. According to her blog, she also complained to the American Civil Liberties Union and the Michigan Civil Rights Commission.

The principle of freedom of speech trumps privacy rights, said Wayne State University constitutional law professor Robert Sedler.

"She has the First Amendment right to comment to other people," Sedler said. "If the lawyer would try to get a court order to stop her from circulating this, the court would refuse to intervene."

Writings published on a private listserv aren't protected from disclosure, Sedler said.

"The listserv is public enough. It was circulated," he said. "The First Amendment encourages a robust exchange of ideas."

Howell Board of Education President Ed Literski said the school board has no authority to order Day to stop publishing material on her blog. ..News Source.. by SHARON GITTLEMAN • FREE PRESS SPECIAL WRITER