Teacher Freedom of Speech
Transcript of 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?
http://www.wcnc.com/news/local/68701507.htmlhttp://www.wcnc.com/news/local/68701507.htmlhttp://www.wcnc.com/news/local/68701507.htmlhttp://www.wcnc.com/news/local/68701507.htmlhttp://www.wcnc.com/news/local/68701507.htmlhttp://www.wcnc.com/news/local/68701507.htmlhttp://www.wcnc.com/news/local/68701507.html -
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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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