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Joan E. Bertin
Executive Director
NCAC PARTICIPATING
ORGANIZATIONS
Actors Equity Association
American Association of
School Administrators
American Association of
University Professors
American Association of
University Women
American Booksellers Foundation
for Free Expression
American Civil Liberties Union
American Ethical Union
American Federation of Teachers
American Jewish Committee
American Library Association
American Literary Translators
Association
American Orthopsychiatric Association
American Society of Journalists
& Authors
Americans United for Separation of
Church & State
Association of American Publishers
Authors Guild
Catholics for Choice
Childrens Literature Association
College Art Association
Comic Book Legal Defense Fund
The Creative Coalition
Directors Guild of America
Dramatists Guild of America
Dramatists Legal Defense Fund
Educational Book & Media Association
First Amendment Lawyers Association
International Reading Association
Lambda Legal
Modern Language Association
National Center for Science Education
National Communication Association
National Council for the Social Studies
National Council of Churches
National Council of Jewish Women
National Council of Teachers of English
National Education Association
National Youth Rights Association
The Newspaper Guild/CWA
PEN American Center
People For the American Way
Planned Parenthood Federation
of America
Project Censored
SAG-AFTRA
Sexuality Information & Education
Council of the U.S.
Society of Childrens Book Writers
& Illustrators
Student Press Law Center
Union for Reform Judaism
Union of Democratic Intellectuals
Unitarian Universalist Association
United Church of Christ
Office of Communication
United Methodist Church
United Methodist Communications
Womens American ORT
Woodhull Sexual Freedom Alliance
Writers Guild of America, East
Writers Guild of America, West
September 22, 2014
Dear Dr. Stamm and Members of the Board,
We wrote to you last Friday on behalf of a coalition of education, drama, and First
Amendment organizations to express concern over the decision to cancel a
production of Monty Pythons Spamalot in South Williamsport Junior-Senior High
School. We now have additional grounds for concern, namely the fact that the
Drama Director, Dawn Burch, was fired precipitously, apparently in retaliation
for her public comments about the situation.
The controversy over the play raises free speech questions as well as questions
about the educational environment for gay and lesbian students. These are
matters of serious public concern for all members of the community, teachers
included. It is well-established that public employees, including public school
teachers, enjoy First Amendment protection for speaking as citizens on matters
of public concern. Pickering v. Board of Education, 391 U. S. 563 (1968).
While the precise contours of the law in this area are still evolving, the Court has
recently reiterated that [t]eachers are . . . the members of a community most
likely to have informed and definite opinions as to how funds allotted to the
operation of the schools should be spent. Accordingly, it is essential that they be
able to speak out freely on such questions without fear of retaliatory dismissal.
Lane v. Franks, 573 U.S. ___ (2014), slip op. at 10 11, citing Pickering, 391 U. S. at
572. Further,the mere fact that a citizens speech concerns information
acquired by virtue of his public employment does not transform that speech into
employeerather than citizenspeech. Lane. v. Franks, slip op. at 10. Thus, a
public school that blatantly retaliates against a teacher for truthful speech as a
citizen on a matter of public concern makes itself vulnerable to additional legal
claims.
As we understand it, school administrators notified Ms. Burch by email of her
termination on Sept. 19, 2014. Although the email cited job performance as the
BY ELECTRONIC MAIL
Superintendent Dr. Mark Stamm
South Williamsport Area School District Office
515 West Central Avenue
South Williamsport, PA 17702
reason for her termination, the fact that her termination occurred a few weeks into the school year,
and in the aftermath of publicity and controversy over the cancellation of the play because of
school officials objections to homosexual themes, makes the schools punitive actions highly
suspicious. Under the circumstances, the district has an obligation to the community to publicly
justify the decision, which to the best of our knowledge it has thus far failed to do.
We strongly urge you not only to restore the play but also to reinstate Ms. Burch as the drama
director, unless and until the district can demonstrate sufficient cause to justify her termination
unrelated to the controversy over Spamalot.
Sincerely,
Svetlana Mintcheva
Director of Programs
National Coalition Against Censorship
Cc: Mark Stamm, mstamm@swasd.org
Jesse Smith, jsmith@swasd.org
Chris Branton, cbranton@swasd.org
Don Lowe, dlowe@swasd.org
Greg Anthony, ganthony@swasd.org
Joseph Pulizzi, III, jpulizzi@swasd.org
Jerry C. Broskey, gbroskey@swasd.org
John J. Engel Jr., jengel@swasd.org
Samuel C. Burch, sburch@swasd.org
Sue Davenport, sdavenport@swasd.org