Freedom and justice in democratic societies

Justice - Freedom & Justice

COMPROMISED JUSTICE

On May 1, 2008, Southington, Connecticut second grade school teacher Marie Jarry appeared with her husband Aaron on Sirius Satellite Radio's Howard Stern Show in connection with a contest entitled "Hottest Wife, Ugliest Guy." Photographs of Ms. Jarry appeared online, precipitating pressure from the Thalberg school district to resign from her teaching position. Ms. Jarry resigned from her teaching position a few days later after being presented with the ultimatum to resign voluntarily, thereby preserving her subsequent employability, or jeopardize her future teaching prospects by being fired for cause (Chicago Tribune 2008). In fact, Ms. Jarry did not violate any law or any of the terms of her contract by appearing on the show. During the contest segment, Ms. Jarry appeared in an ordinary bikini and participated in a discussion about her relationship with her husband. While some of the details of conversation pertained to their marital sexual relationship that were of an adult nature, the broadcast is not available to anyone outside of the Sirius Satellite Radio subscribers. Nevertheless, the Thalberg school district maintained that her appearance on the show and participation in the contest exposed her students to inappropriate subject matter, notwithstanding the fact that it would have been virtually impossible for second grade students to hear a broadcast requiring special receivers and a monthly paid subscription service (WFSB 2008).

Ms. Jarry absolutely rejected any such suggestion but resigned under the pressure simply to preserve her teaching career because she lacked the financial resources to challenge the ultimatum in formal litigation, given the vast resources of the school district. By resigning "voluntarily" Ms. Jarry effectively relinquished any rights to dispute the school district's characterization of her appearance but, under the circumstances, she felt she had little choice in the matter.