Teacher Fired After Alleged Jan. 6 Involvement Wins Wrongful Termination Lawsuit
By Dave Huber of The College Fix
A Pennsylvania teacher who was fired for allegedly attending the U.S. Capitol “insurrection” on January 6, 2021, has won a wrongful termination lawsuit after a two-week trial.
Jason Moorehead, a 17-year veteran social studies instructor in the Allentown School District, had always maintained he was “at all times over a mile away” at the Washington Monument when the riot occurred.
But on Jan. 7, the district issued a news release stating a district employee “was involved in the electoral college protest.” In it, Superintendent Thomas Parker did note the district “has an obligation to respect the First Amendment rights of our staff.”District Solicitor John Freund also had said “only after knowing all the facts” could the district act in a manner that “balances First Amendment rights with the higher standards set for public school teachers.”
These standards include “teachers’ duty not to participate in or advocate un-American or subversive doctrines.”
Lehigh Valley News.com reports the district also “saw [Moorehead’s] light-hearted comments” on social media about the happenings at the Capitol.
For example, in response to a post which said “Don’t worry everyone, the Capitol is insured,” Moorehead wrote “This!” The remark is a reference to those who said the same thing about the most destructive riots in U.S. history following the killing of George Floyd.
Although Moorehead wasn’t specifically named in the district statement, “outraged members of the public soon identified him” as the alleged culprit. Some posted Moorehead’s picture and home address on social media.
On X (then Twitter), the account CROH Lehigh Valley (the first four letters standing for “Community Research Opposing Hate”) posted that Moorehead “was identified as an attendee of the J6 Capitol coup attempt” and that “his presence is enough reason for him to never teach #Allentown students ever again.”
It added “Students cannot be safe in a classroom with a fascist.”
During the investigation, Moorehead was “questioned extensively” by district officials where, again, he insisted he was nowhere near the Capitol.
At the trial, the district claimed it had “attempted” to reinstate Moorehead — as long as he took a “cultural sensitivity” course. Moorehead refused, alleging the district had “created an unsafe, hostile work environment.”
He then was terminated.
Moorehead filed suit claiming the district and several school board members had violated his civil rights (“for besmirching his name” due to his conservative political leanings) and for illegally suspending him based on the teachers union collective bargaining agreement.
On Aug. 16, a jury awarded Moorehead $131,500, most of which will come from the district. Two school board members, Lisa Conover and Nancy Wilt, are liable for $6,000 and $500 respectively.
Moorehead had not specified a desired dollar amount for “loss of earnings, loss of career, reputational damage, mental and emotional pain and suffering,” and punitive damages.
Moorehead’s lawyer AJ Fleuhr said in statement that he and his client were happy “a federal jury recognized that the Allentown School District violated Jason Moorehead’s First Amendment rights to free speech, assembly, and political affiliation,” and that the named board members had “maliciously and wantonly attacked him.”
Fleuhr added “There was never any justification for [the district’s] insidious and Orwellian course of action.”
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