Constitutional Law Midterm Examination – Part A

St. John’s is a religious high school that is having financial difficulties. Consequently, its administrators contact the State Department of Education and the State agrees to supply textbooks for St. John’s secular subjects, as well as paper, pens, and chalk. This helps ease St. John’s financial problems.


However problems arise when it is discovered that Teacher who has been employed at St. John’s for several years and has received acceptable evaluations during that time, lied on her employment application by saying that she was married, when she was not. Instead Teacher has been living with her boyfriend, who is the father of her child.


When the administrators of St. John’s discover this fact, they explain to teacher that she is being terminated because her conduct violates the religious principals upon which St. John’s was founded.


Outraged, Teacher protests daily in front of St. John’s and shouts over a loudspeaker that the administrators of St. John’s are hypocrites. She also encourages the students to join her, instead of attending class. This embarrasses the administrators, and there have been several complaints from the parents of students as well as from neighbors.


Consequently Teacher is told by Paula who is the Principal of St. John’s, that unless she ends her protest the police will be called.


Concerned, Teacher contacts you for advice. What issues will you need to consider, and how are they most likely to be resolved?


Discuss your answers in a very full narrative IRAC essay with much detail.