Garcetti v. Ceballos and Classroom Instruction: The Sixth Circuit Creates Diminished Free Speech Protection for ClassroomTeachers

This paper explores the application of Garcetti to teacher free expression in the context of Evans–Marshall v. Bd. of Educ. of Tipp City , the Sixth Circuit's most recent education decision. The paper will examine five legal issues relating to Garcetti : the application of the Garcetti test in general to education settings, the interaction of Garcetti with other Supreme Court free expression tests, the issue as to whether job duties under Garcetti present questions of law or questions of fact and law, the role under Garcetti of job descriptions in defining job duties, and, more specifically, the application of Garcetti to classroom instruction.