Melissa Tempel, the former first grade teacher who was fired after publicly criticizing the School District of Waukesha for banning a Dolly Parton song, has filed an appeal to her First Amendment case.
A federal judge dismissed Tempel’s lawsuit in September, saying even though Tempel was speaking out as a private citizen, her actions disrupted the district’s operations.
On Tuesday, Tempel announced she’s appealing the ruling with the U.S. Court of Appeals for the Seventh Circuit.
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“I will not stop fighting,” Tempel said. “The First Amendment of the United States Constitution gives public employees the right to speak out on matters that affect the people we serve without fear of losing our jobs.”
Tempel was terminated in July 2023 after publicly criticizing the district’s decision to prohibit her students from performing the song “Rainbowland” at their spring concert.
The lyrics were widely believed to focus on acceptance, but district officials said they found the song “could be deemed controversial.”
Superintendent James Sebert said the district is pleased the matter was dismissed by the U.S. district court.
“We respect the appellate process and will continue to work with our legal counsel,” Sebert said. “As always, our focus remains intently on ensuring the academic success, growth and wellbeing of all of our students.”
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