Silano v. Sag Harbor Union Free Sch. Dist. Bd. of Educ.

42 F.3d 719 (2d Cir. 1994), cert. denied, 515 U.S. 1160, 115 S.Ct. 2612 (1995).  We successfully represented the School District in a First Amendment case in which a school board member claimed he had been censured by his colleagues and banished from the school campus by the administration in retaliation for having distributed film clips of unclothed women in illustration of a guest lecture to a high school math class.  We obtained a dismissal of the case on summary judgment, with the court holding that under the circumstances, the plaintiff’s conduct did not represent any protected “expression.”