A Shelby County, Kentucky public school district’s decision to abruptly fire an award-winning fifth-grade teacher was motivated in part by her decision to speak to her class about industrial hemp, the 6th Circuit Court of Appeals in Cincinnati unanimously ruled last week. Their decision overturns a previous lower court judgment dismissing the teacher’s First Amendment retaliation claim against the district.
The school district fired elementary school teacher Donna Cockrel in July of 1997 after she twice invited actor Woody Harrelson to speak to her students about alternative agricultural crops like hemp and kenaf. School officials had granted Cockrel prior approval to host both presentations, but distanced themselves from the matter after several parents from the community complained about the lecture’s content. Superintendent Mike Mooneyhan later fired Cockrel, citing conduct unbecoming a teacher and other violations.
“The question [is] whether Cockrel was terminated for the exercise of her First Amendment rights. … After examining the evidence, we conclude that a jury could find, by a preponderance of the evidence, that the defendants’ decision to discharge Cockrel was motivated, at least in part, by her decision to teach her students about industrial hemp,” the Court ruled.
Justices added, “While many of the allegations made against Cockrel would, if true, amount to serious misconduct on her part, the fact that she was not disciplined for any of this behavior, nor did the Superintendent know of it, until after Harrelson visited and various members of the school community voiced their displeasure with the presentation, leads to a genuine issue of material fact concerning the defendant’s assertion that Cockrel would have been fired regardless of her decision to speak on the environmental benefits of hemp.”
Cockrel integrated hemp into her curriculum as part of an agricultural class about environmentally friendly crops. Since losing her job, Cockrel has been teaching elementary school in Detroit.
A documentary film about Cockrel’s legal battle in Kentucky is scheduled to debut on the film festival circuit later this month.
For more information, please contact Keith Stroup or Paul Armentano of NORML at (202) 483-5500.
