Dive Brief:
- The University of Hawaii kept Mark Oyama from the student teaching portion of its teacher certification program because of statements he made about children, prompting a lawsuit over First Amendment rights.
- Inside Higher Ed reports Oyama spoke out against bans on adult-child sex and said most special education students were “fakers,” prompting the university to find him unfit for a student teaching position and effectively preventing him from becoming a teacher.
- The U.S. Court of Appeals said the university’s actions were constitutional because they were based on professional standards for teachers defined not by the institution but external associations.
Dive Insight:
The court was careful not to make too broad a ruling in Oyama’s case, outlining the difference between controversial speech and speech that indicates a person is unfit for professional responsibilities. Because the University of Hawaii is responsible for adequately preparing students to uphold the professional standards outlined by accreditors and state laws, it could pre-emptively keep Oyama from the classroom based on statements that indicated he would not be able to meet the standards. For his part, Oyama’s lawyer plans to appeal all the way to the Supreme Court, if necessary.