Tenafly
High teacher loses free-speech case
Thursday, January 12, 2006 • BY
JOHN MOONEY • Star-Ledger Staff
A Tenafly High School teacher's free
speech challenge against his district was shot down in
federal court in Newark yesterday.
Science teacher Andrew Policastro claims
his principal in 2002 denied his First Amendment rights when
she removed from staff mailboxes a memo signed by Policastro
that questioned a recent teacher contract
settlement.
Representing himself, Policastro fought
the case through the courts for more than two years and used
it as a centerpiece in his unsuccessful bid last year to
become president of the New Jersey Education Association,
the statewide teachers union.
But after a day of testimony, U.S.
District Judge Joel Pisano yesterday dismissed the case and
at one point chided Policastro for his "crusade" against the
district.
Tenafly's attorney said his client was
vindicated by the decision, citing its defense that the memo
signed by several teachers, including Policastro, had
disrupted the school.
The memo -- "Questions for the Tenafly
Negotiations Team" -- questioned details in a pending
contract settlement, including whether teachers were given
enough time to review it.
"(Principal Theodora) Kontogiannis acted
appropriately to what she perceived was a disruption at the
high school," said lawyer Arthur Thibault, representing
Tenafly. "She was obligated to ensure that indeed teaching
would be going on at the school."
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