The agreement defined “defamatory” as a “statement or communication tending to harm a person’s reputation by subjecting the person to public contempt, disgrace, or ridicule, or by adversely affecting the person’s business.” It defined “disparaging” as a false statement that discredits or detracts from Joseph’s reputation. This provision shall be effective for the Board collectively and binding upon each Board member individually.” Joseph and his performance as Director of Schools. The severance agreement approved by the board states that “he Board will not make any disparaging or defamatory comments regarding Dr.
#SCHOOL LICENSE OF SPEAK IT ISPEECH SERIES#
The Metropolitan Nashville Board of Public Education voted to terminate school director Shawn Joseph in 2019 after a series of controversies, including one that resulted in the state's recommending his education license be suspended.
Three school board members, each of whom voted against the severance agreement containing the non-disparagement clause, said the contract amounted to censorship and a prior restraint on speech that is protected under the First Amendment and the Tennessee Constitution. An appeals court in Nashville upheld a lower court ruling that the agreement was a violation of the free-speech rights of school board members.Ī Tennessee Court of Appeals on June 20 upheld a lower-court ruling that the Nashville school board’s 2019 agreement with its former school’s director restricting negative comments about him was an unconstitutional violation of free-speech rights. Former Nashville schools director Shawn Joseph negotiated a severance agreement in 2019 that prevented school board members from saying anything disparaging about him.