As I posted earlier, in April John Freshwater filed a Notice of Appeal and a Memorandum in Support of Jurisdiction with the Ohio Supreme Court, asking that the Court consider an appeal of his termination. Now the Board’s attorneys have filed a Memorandum in Response. Basically, the Board argues that the case as decided by the 5th District Court of Appeals is a narrow one, a “run of the mill termination case,” concerned solely with whether the Knox County Court of Common Pleas abused its discretion in denying Freshwater’s appeal of his termination. The Court of Appeals ruled that there was no abuse of discretion.
The Memorandum in Response argues that Freshwater’s appeal to the Supreme Court is no more than a ploy to convince the Supreme Court that it should “take another look at the facts”–in effect, to rehear the case. It argues that Freshwater is attempting to “transform this case into one about academic freedom and free speech,” but no substantial constitutional question is raised by it. It says that Freshwater’s invocation of academic freedom and free speech in his MIS is a “… desperate attempt to make this case appear as a matter of public or great general interest … [and] … has no basis in reality” (p. 11). The Memorandum in Response argues that had Freshwater been allowed to continue his behavior in the classroom, the Board of Education, in its failure to control Freshwater’s behavior, would itself have been exposed to the risk of violating the Establishment Clause and resulting litigation.
The next step is for the Supreme Court to decide whether it will hear the case or let the Appeals Court ruling stand. I have no idea how long that will take, but I’ll try to find out what typical delays are.