Teacher Freedom of Speech

8/12/2019 Teacher Freedom of Speech

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Education Law:

Teacher Freedom ofSpeech

Presented By:

Ronica Watford


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Facebook Fallout

Watch the following video

clip and consider the

following

questions:http://www.wcn

c.com/news/local/68701507.html

Can school officials

terminate teachers based

on online speech?

Should school officials be

monitoring what teachers

post on social networks?
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Objectives:

1. Teachers will be able to identify when their

expression may be protected or limited under the

First Amendment.

2. The teachers will be able to apply the First

Amendment analysis to real-life scenarios

involving teacher speech both inside and outside

the classroom.

3. Teachers will gain new knowledge of likely

consequences associated with unprotected

speech.


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Essential Question:

How do courts balance a teachers

First Amendment rights against the

interest of the public schoolsystem?


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Teachers Speech

ThenNow

From talkingto typing.


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The Law

The Court has separated teacher speech intothat which is a matter of public concern (apublic forum) and that which is a matter of apersonal interest (a private forum).

Two Supreme Court cases have influenced thedevelopment of this two tiered test. The twocases include:

(1.) Pickering v. Board of Education, 391 U.S. 563,88 S.Ct. 1731 (1968)

(2.) Connick v. Meyers, 461 U.S. 138, 103 S. Ct.1684 (1983)


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Forum matters:

(1.) Traditional Public Forum:

A place like a park or street corner that is

freely available to the public for all types ofexpressive activities.

Generally, a public school is NOT a publicforum because its purpose is to serve as aplace where children may be educated not

where members of the general publicengage in expressive activity.

The LawContinued


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The LawContinued

(2.) Non-Public Forum:Government properties that by tradition orpolicy have not been open for publicdiscourse are considered non-public

forums.The governmental body (public school) MAYreserve the forum for its intended purposeif the limitation is REASONABLY RELATED toachieving that purpose and not an effort to

suppress expression of a particularviewpoint.

YOU ARE NOT PROTECTED AT SCHOOL.


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Scenario Challenge

Law Group Chat

Read the scenario provided to your group.

With the others at your table, discuss the legalimplications of the case, and if the teachers

First Amendment rights were violated.


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Scenario #1

A math teacher wrote a letter to a local

newspaper criticizing the school boards

elimination of girls softball. As a result of

this criticism, the teacher was disciplined.Did school officials violate this teachers

First Amendment rights?


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Scenario #2

A special education teacher claimed that

school officials retaliated against her after

she voiced concerns about the district not

complying with special education law. Didschool officials violate this teachers First

Amendment rights?


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Scenario #3

Coworkers had advised a non-tenured teacher to

keep a journal to document his co-teachers

tardiness and other unprofessional conduct that

occurred in the classroom. The teacher allegedthat after he refused to disclose to the principal

the names of the coworkers who suggested that

he keep a journal, his contract was not renewed.

The teacher alleged that his First Amendment

rights had been violated. Were they?


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Scenario #5

After a non-tenured biology teacher was

advised not to discuss abortion, she was

not reappointed after engaging the class

in a discussion about the abortion ofDown syndrome fetuses. Did the teacher

have a First Amendment right to discuss

this issue in the classroom?


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Court Ruling #1

The court found that teacher was

speaking as a citizen. The Court also held

that he was speaking about a matter of

public concern and that his speech did notinterfere wit school operations. Thus, the

teachers speech was protected under the

First Amendment (See Pickering v. Board

of Education, 1968).


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Court Ruling #2

The court found that the special education

teacher was speaking pursuant to her official job

duties and that her speech was not protected

under the First Amendment (seeHoulihan v.Sussex Technical School District, 2006). The

court did find, however, that Section 504 of the

Rehabilitation Act, which prohibits retaliation,

might protect the teacher in this instance. Thus,

even though a teacher may not have a FirstAmendment right to voice concerns, the teacher

may be able to rely on other anti-retaliation laws.


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Court Ruling #4

The court decided that the teacher was

hired to teach the curriculum and that she

had no First Amendment rights to voice

her personal opinions about the war inclass (see Mayer v. Monroe County

Community School Corporation, 2007). Of

significance was that the teacher was told

by school officials that she could teach

arguments about Iraq from all

perspectives, as long as she kept her

opinions to herself.


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Court Ruling #5

The court found that the teachers speech

could be regulated if the reason for

regulation was related to a legitimate

pedagogical concern. The court notedthat this teacher had been provided with

notice of what conduct was prohibited in

the classroom (see Ward v. Hickey, 1993).


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Questions


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Documents

Teacher Freedom of Speech