O’Brien has been employed as a teacher in the [City of Paterson, New Jersey] schools since March 1998. She has a master’s degree in education, and certifications as an elementary school teacher and supervisor. * * * In December 2010, O’Brien was assigned to teach the first grade [at School No. 21]. * * * There were twenty- three students in O’Brien’s first-grade class. Almost all were six years old. All were either Latino or African- American.
1. Certain interests of public employees and their employer are balanced to determine whether the First Amendment protects an employee’s Facebook posts. What are those interests?
2. What did O’Brien do that constituted conduct unbecoming a tenured teacher?
3. What penalty did the administrative law judge impose? Why?
4. Would the outcome have been different if O’Brien had apologized? Discuss.