Judge Dismisses Teacher’s Wrongful Termination Lawsuit Against the State Superintendent

HUNTINGTON — A lawsuit filed against the state superintendent of schools by a Cabell County teacher who was fired over social media posts has been dismissed by a federal judge.
Mary Durstein, a former history teacher and 17-year employee of Cabell County Schools, filed a lawsuit against the school system after she was fired when anti-Muslim and racially charged posts from her personal Twitter account surfaced in 2016.
Tweets from her now-deactivated personal Twitter (@pigpen63) condoned racist actions against the Black and Muslim communities.
Durstein argued that a law, which states a teacher shall maintain a professional relationship with all students at all times in and out of the classroom and allows the superintendent to revoke or suspend a teaching certificate for “immorality,” was overly broad.
She argued it had a “chilling effect,” language for laws that deter the right to free speech.