50 Word Response 3

Suppose you are a PR practitioner for a major school district.  Recently one of the teachers in the district, Mrs. Smith, has been a vocal supporter of a local initiative, known as Proposition 72.  Prop 72 is a proposal that would require all dogs and cats to be placed on leashes even when the animals are in their owner's property.  Smith regularly attends city council meetings where Prop 72 is being debates.  One day Smith publishes an op-ed in the local newspaper supporting Prop 72.  In this editorial Smith identifies herself as working in your school district.  In the op-ed she criticizes parents of her current students for not supporting Prop 72.  Specifically she says, "Parents at my school don't understand the importance of Prop 72.  Maybe this is why their kids aren't good at reading or math--they're raised by people who don't have logic."  After the editorial is published the school is abuzz with discussion about the article.  Some students say they don't think they'll be graded fairly by Smith.  Some teachers don't want to associate with Smith for fear that parents will complain about them.  Twenty parents have signed a petition to have Smith permanently removed from the school and district.

The superintendent of your school district wants to terminate the teacher over this editorial.  He asks you for advice.  Can you legally fire this teacher?  What's the test for doing so?  Assume that she has no employment contract that prohibits her from identifying herself as an employee of the district.  Also assume the newspaper is published within the county of the school where Smith works.