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David Gripon if the teacher acted willfully and with the intent to cause pain or psychological discomfort to the child, then the parents may be able to sue based on ‘willful infliction of emotional duress’. Depending how severe the act was you could have criminal recourse though that would be a bit tougher to prove as the criminal standard is higher than the civil one…
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David Gripon that would be different. That would be a teacher not acting as a private citizen, but as a government employee. It wouldn’t be speech about a matter of public concern, and it would be speech made during work hours. So it wouldn’t be protected public employee speech. But i would suspect the school wouldn’t frame it as being fired over speech – it would be firing over being bad at one’s job and poor decision making within the classroom.