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GREEN TP. EDUC. ASS'N v. ROWE

746 A.2d 499 (2000)

328 N.J. Super. 525

GREEN TOWNSHIP EDUCATION ASSOCIATION, Plaintiff-Appellant, v. Stephen P. ROWE, David Brady, Ronald Parks, Mark Graham, Melinda McCoy Miller, John McDermott, Doreen Schaffer, Denise Sheehan, Amy Stewart, Ken Swisher and Green Township Board of Education, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 2000.

Attorney(s) appearing for the Case

Balk, Oxfeld, Mandell & Cohen, Newark, for plaintiff-appellant (Nancy I. Oxfeld, of counsel and on the brief).

Methfessel & Werbel, for defendants-respondents (Eric L. Harrison, Edison and Jeffrey M. Patti, on the brief).

Cynthia J. Jahn, Director, Legal Department, New Jersey School Boards Association, for amicus curiae New Jersey School Boards Association (Krystal A. Wilson, on the brief).

Zazzali, Zazzali, Fagella & Nowak, for amicus curiae New Jersey Education Association (Richard A. Friedman, of counsel and on the brief, Newark; Aileen M. O'Driscoll, on the brief).

Before Judges BAIME, EICHEN and WECKER.

The opinion of the court was delivered by BAIME, 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...

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