

PATERSON — A state appeals court has upheld the firing of a former Paterson first-grade teacher who called her students "future criminals" on her personal Facebook page.

Jennifer O'Brien, an Elmwood Park resident who began working for Paterson schools in 1998, claimed in her appeal that her comments were protected by the First Amendment, and that her right to express her opinion "was outweighed by the district's interest in the efficient operation of its schools."

According to court documents, O'Brien was working as a technology coordinator at the city's School No. 29, but prior to the 2010-2011 school year, was transferred to School No. 21. She was originally assigned to a fifth-grade classroom, but was quickly put in charge of a group of 23 first-graders, all of whom were either black or Latino.

In late March 2011, O'Brien made two posts to her Facebook page. The first read, "I'm not a teacher — I'm a warden for future criminals!" while the second read, "They had a scared straight program in school - why couldn't (I) bring (first) graders?"

The school's principal was informed of the comments the following day by O'Brien's former principal at School No. 29. He confronted her about them the next day, but characterized her response as "unrepentant."

News about the posts quickly hit the media, and the district sparked numerous complaints from parents and a protest, leading to a complaint against O'Brien and an unpaid suspension.

Because O'Brien was tenured, the case was sent to an administrative law judge. O'Brien argued that her comments were not racist, but were based her frustration with bad behavior by her students, including stealing and hitting one another.

However, the judge rejected her arguments, calling her comments "intemperate and vituperative" and saying they made cooperation with parents impossible. She was fired immediately after the ruling.

The appeals panel upheld the ruling this morning, swing that "the seriousness of O'Brien's conduct warranted her removal from her tenured position in the district."