Public university classes and avoiding controversial to

[LoAndEd]

Mark Stern writes:

> [Boring] is puzzling because school officials had origianlly approved the
speech in
>  question.For some reason  the disciplined teacher did not pursue that point
> on appeal.

My understanding is that she did raise that point:  see the panel opinion.
Because the en banc court ruled that the First Amendment did not protect her
choice of play *at all*, it held that it made no difference that the teacher
had no warning that her curricular decision was disfavored.

Marty Lederman