Green Township Education Ass'n v. Rowe

746 A.2d 499, 328 N.J. Super. 525, 164 L.R.R.M. (BNA) 2180, 2000 N.J. Super. LEXIS 90
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 28, 2000
StatusPublished
Cited by7 cases

This text of 746 A.2d 499 (Green Township Education Ass'n v. Rowe) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green Township Education Ass'n v. Rowe, 746 A.2d 499, 328 N.J. Super. 525, 164 L.R.R.M. (BNA) 2180, 2000 N.J. Super. LEXIS 90 (N.J. Ct. App. 2000).

Opinion

The opinion of the court was delivered by

RAIME, P.J.A.D

This appeal presents novel questions concerning the extent to which a governmental employer may restrict its employees’ freedom of speech in the setting of the workplace. At issue is whether the Green Township Board of Education’s conflict of interest policy barring teachers from engaging in specified political activities infringes upon the right of free speech. An ancillary question is whether the Board may bar teachers from wearing a political button bearing the inscription “NJEA SETTLE NOW’ while in the school premises in the presence of students. The Green Township Education Association sought a declaratory judgment and an injunction prohibiting the Board from enforcing its policy. The Chancery Division granted the Board’s motion for summary judgment. The Association appeals. We affirm in part and reverse in part. We conclude that parts of the Board’s conflict of interest protocol substantially restrict constitutionally protected conduct and are thus unenforceable. However, we perceive no constitutional impediment to enforcement of the Board’s prohibition against the display of political buttons in the context of this case.

I.

The Association is the certified collective negotiations representative for all teachers, librarians, nurses, and teaching assistants employéd by the Green Township School District. Stephen Rowe is the superintendent of schools. The remaining defendants are members of the Board of Education. The school district consists of a single elementary school with grades from kindergarten to eighth grade. The school is housed in a single building.

[529]*529In 1995, the Board adopted a conflict of interest policy that provided in pertinent part as follows:

All employees are prohibited from active campaigning on school property on behalf of any candidate for local, state or national office or actively promoting any opinions on voting issues.
All employees working in a facility of this district which is used as a polling place are prohibited on an officially declared election day from displaying any materials that would promote the election of any candidate or opinions on voting issues. All employees are prohibited from engaging in any activity with students during performance of the employees’ duties, which activity is intended or designed to promote, further or assert a position on any voting issue, board issue, or collective bargaining issue.
Disciplinary Action
Violations of this policy may result in disciplinary action.

The Board’s protocol apparently attracted little attention until the Association’s collective bargaining agreement expired. At that juncture, teachers began displaying buttons reading “NJEA SETTLE NOW” while in the presence of students in the school building. Citing the conflict of interest policy, Rowe directed the Association’s members to refrain from wearing the buttons in the presence of students while on school premises.

The Association then commenced this action. In their documentary submissions, the parties presented markedly different accounts of the history leading up to the Board’s promulgation of its conflict of interest policy. It was undisputed that the Association’s members had displayed similar buttons while in the presence of students in the course of an acrimonious labor dispute in 1992. Although the Board contended that the display of the buttons had resulted in classroom disruptions, this allegation was hotly contested by the Association.

The Association argued in the Chancery Division that the conflict of interest policy suffered from “overbreadth.” Noting that the prohibition against “active campaigning on school property” could be construed as precluding teachers from voicing their opinions at regularly scheduled Board meetings conducted in the school building and prohibiting them from engaging in political discussion in the teachers’ lunchroom out of the presence of [530]*530students, the Association asserted that the policy stifled its members’ right to engage in free speech. The Association similarly argued that the prohibition against displaying or exhibiting campaign materials was not confined to the school building and could be interpreted as preventing the dissemination of political leaflets from the teachers’ homes or elsewhere. The Association further contended that the First Amendment guaranteed the right of its members to display “NJEA SETTLE NOW” buttons because the inscription pertained to an issue of public concern. The Board responded that the Association’s interpretation of the conflict of interest protocol was hypertechnieal and literal, and that the policy was not intended to prevent teachers from promoting their political views except in the school building while in the presence of students. The Board further argued that the display of political buttons in the classroom did not constitute constitutionally protected activity.

The Chancery Division found no merit in the Association’s arguments. In reaching this conclusion, the court emphasized that the Board’s interest in achieving its educational objectives outweighed the teachers’ First Amendment right to comment on matters of public concern. Although the conflict of interest protocol does not confine the prohibition against active campaigning to situations in which students are present, the Court found no intent on the part of the Board to extend the policy to settings other than the classroom. In a similar vein, although the protocol does not expressly limit its ban on the display of political materials to the school premises, the court determined that such limitation was implied in the language employed. With respect to the “NJEA SETTLE NOW” buttons, the court agreed with the Association’s argument that they pertained to an issue of public concern. However, the Board’s duty to provide “a thorough and efficient education to the town’s youth” was said to override the teachers’ interest in expressing their view. The Court reasoned, “[a]s innocuous as the buttons may seem, their message is a political grievance, and there is no useful purpose in subjecting whole classrooms of children, who are a captive audience for most [531]*531of the day and who cannot vote, to that message.” Judgment was entered accordingly.

II.

The overbreadth doctrine “involves substantive due process considerations concerning excessive governmental intrusion into [constitutionally] protected areas.” Karins v. City of Atlantic City, 152 N.J. 532, 544, 706 A.2d 706 (1998) (quoting Petition of Soto, 236 N.J.Super. 303, 324, 565 A.2d 1088 (App.Div.1989), certif. denied, 121 N.J. 608, 583 A.2d 310, cert. denied, 496 U.S. 937, 110 S.Ct. 3216, 110 L.Ed.2d 664 (1990)). “The standard is not whether the law’s meaning is sufficiently clear, but whether the reach of the law extends too far in fulfilling the State’s interest.” Ibid.; see also State v. Cardell, 318 N.J.Super. 175, 182, 723 A.2d 111 (App.Div.), certif. denied, 158 N.J. 687, 731 A.2d 46 (1999). So posited, the issue is whether the prohibitions contained in the protocol embrace subjects beyond their proper reach.

Before we address that question, we note a procedural problem that has not been raised by the parties.

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746 A.2d 499, 328 N.J. Super. 525, 164 L.R.R.M. (BNA) 2180, 2000 N.J. Super. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-township-education-assn-v-rowe-njsuperctappdiv-2000.