Smiley, Kluge and Their Impact on Teacher Speech Litigation

In an article for Indiana Lawyer, senior government and regulatory affairs attorney Brad Boswell examines how two recent Seventh Circuit decisions affect Indiana public schools’ authority over classroom speech and their obligations to accommodate teachers’ sincerely held religious beliefs.

Boswell explains that Smiley v. Jenner recognizes the state’s broad constitutional authority to prescribe and restrict official classroom instruction, while Kluge v. Brownsburg Community School Corp., applying the U.S. Supreme Court’s standard in Groff v. DeJoy, requires schools to accommodate religious objections unless they can demonstrate a substantial hardship. He outlines practical considerations for legislators, schools, teachers, and lawyers navigating the intersection of education law, employment law, and constitutional litigation.