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“Viva La Raza!”: Saying That Can Get You Fired in One Texas School District


by Richard Fossey — September 05, 2008

In March 2006, Efren Garcia, a school employee at a Texas high school, said “Viva la Raza!” on the morning that student protesters walked out of Del Valle High School in protest of an immigration bill that had been passed by the U.S. House of Representatives. He was fired at least partly for making that statement, and a federal court upheld the school district’s action. Garcia v. Montenegro, as the case was styled, illustrates how a school employee’s right to comment as a citizen on matters of public concern may be restricted by a federal court when the employee’s speech conflicts with a school employer’s legitimate interest in preserving school discipline.


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Cite This Article as: Teachers College Record, Date Published: September 05, 2008
http://www.tcrecord.org ID Number: 15364, Date Accessed: 10/23/2017 6:38:25 PM

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About the Author
  • Richard Fossey
    University of North Texas
    E-mail Author
    RICHARD FOSSEY is a Professor and Senior Policy Researcher at the Center for the Study of Education Reform at the University of North Texas.
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