Teachers and The Law
7th
Chapter 9
When Can Schools Restrict
Freedom of Expression?
Fischer, Schimmel, Stellman
PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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Key Concepts
When Can Schools Restrict
Freedom of Expression?
Teachers and
Free Speech
Controversial
Issues and
Academic
Freedom
Teaching
Methods
Students and
Free Speech
Copyright © Allyn & Bacon 2007
Chapter 9
When Can Schools Restrict
Freedom of Expression?
Essential Question
In your experience, how has
your school restricted the
freedom of expression for a
teacher or student?
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KEY TERMS- Chapter 9
Freedom of Speech (123-124)
Academic Freedom (134)
Opprobrium (134)
Underground Publications (158)
Obscene Material (160)
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Teachers and
Free Speech
CRITICIZING SCHOOL POLICY
OR
PERSONNEL
U.S. Supreme interpreted
the Fourteenth Amendment
(prohibits states from depriving
life, liberty or property without
due process) to incorporate the
First Amendment
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Case Presentation
Pickering v. Board of Education
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Marvin Pickering wrote a sarcastic, long letter to
newspaper
•Against Superintendent and School Board
•Excessive athletic expenditures”
•“Alleged that school board was unable to pay
teachers’ salaries. . .”
•“Taxpayers were really taken to the cleaners.”
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Supreme Court Responds To Pickering
• Board asserted that damaged
professional reputations of
school administration and
schools.
• Supreme Court rejected that
public comments by a teacher
on matters of public concern
may furnish grounds for
dismissal.
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1. Can teachers be dismissed for making public statements
that are not accurate?
2. Can a teacher be transferred for publicly criticizing a
school program?
3. Can a School Board ever restrict teacher’s rights to
publicize their views?
4. Can teachers be disciplined for publicly criticizing their
immediate superiors?
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5. Private Criticism is protected depending upon
6.
7.
8.
9.
circumstances (manner, time, and place of
confrontation).
Teachers are not required to go through the chain of
command if it is about matters of public concern.
Personal complaints are not protected by the First
Amendment.
Teachers’ comments are not considered matters of
public concern in some cases.
Personnel Matters are not necessarily excluded from
First Amendment Protection.
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Need for harmony in schools
Whether the criticism
injured the
Factors
working relationships
Time, Manner,
Place,
Context of Speech
Effect of the speech on the
teacher’s ability to work effectively
COURT CONSIDERS SEVERAL FACTORS IN BALANCING THE
INTERESTS OF TEACHER AGAINST THE INTERESTS OF THE SCHOOL
BOARD.
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Teachers
and Free
Speech
How do courts rule when some of a
teachers’ speech is protected and
some is not? The Courts:
1. decide whether the complaint involve
matters of public concern.
2. apply the Pickering Test---balancing the
interest as a citizen in discussing public
issues against the board’s interest as an
employer promoting efficiency.
3. ask whether the protected speech was a
“substantial or motivating factor” in the
board’s action against the person.
4. decide whether the board would have
reached the same decision “even in the
absence of the protected conduct.”
Copyright © Allyn & Bacon 2007
Controversial Issues and
Academic Freedom
Academic Freedom
– To speak freely about
any subjects
– To experiment with
new ideas
– To select appropriate
teaching materials and
methods
NOT ABSOLUTE. . .
COURTS BALANCE IT
AGAINST COMPETING
EDUCATIONAL VALUES
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School Board Rights & Academic Freedom
School Boards:
• can require or prohibit
the use of textbooks.
• can determine curricular
disputes , including
selection of plays.
• can be ruled
constitutional to remove
literary classics from
curriculum if relates to
reasonable legitimate
educational concerns.
• cannot reject texts for
any reason but it is
dependent upon the
constitutional manner.
• cannot prohibit social
studies teachers to
discuss controversial
issues.
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Teachers Rights and Academic Freedom
Teachers:
• do not have the right to
preach their religious
beliefs in schools.
• may be punished for
discussing topics or
distributing materials that
are not relevant.
• may protect teachers’
controversial responses
to students’ questions.
• may not be punished if
their use of approved
materials causes
substantial disruption in
the community.
• may be punished for
showing an R-Rated film.
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School & Teacher
Academic Freedom
• Teachers may be
punished for failing to
submit lesson plans.
• Schools may have
final authority to
review and assign
grades.
• Schools may have a
legal right to refuse to
rehire a teacher
because of
disagreement over
teaching methods and
philosophy.
• Academic freedom is
broader in colleges
than public schools.
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TEACHING METHODS
Teachers cannot be punished for using a controversial
method that is not clearly prohibited
Example: Massachusetts Case has two conditions:
1. Any restriction must be reasonably related to a
legitimate pedagogical concern (age and
sophistication of students).
2. Schools must notify the teacher about what
conduct was prohibited.
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Teacher
Academic Freedom
• Teachers do not have the right to preach
their religious beliefs in schools.
• Teachers should follow the text and
syllabus in their course.
• Teachers can be punished for discussing
topics or disturbing materials that are not
relevant.
• Teachers may not be protected for
controversial responses to students.
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Teacher Methods
Teachers may not be punished for
using a controversial method that is
not clearly prohibited. Important
considerations:
– due process
– two restrictions:
• “reasonably related to a legitimate
pedagogical concern”
• School must notify the teacher about
what conduct was prohibited
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Teacher Methods Continued
• Schools may impose an inflexible grading policy on
teachers: depending on the facts of case and the rigidity
of the policy.
• Teachers can be punished for failing to submit lesson
plans.
• The school district has final authority to review and
assign grades.
• The school district may refuse to rehire a teacher
because of a disagreement over teaching methods and
philosophy.
• There is a broader interpretation of academic freedom in
colleges than in public schools.
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Students and Free Speech
1915
The Wooster Case
1965
The Tinker Case
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Students & Free Speech
• Schools can legally limit student expression and
symbolic speech. Schools:
– may take reasonable action to restrict student
expression to prevent disruption.
– use discretion to restrict symbols that might lead to
disruption; cannot change school’s symbol against
the wishes of students.
– can prohibit demonstrations near a school or during a
school assembly.
– may punish lewd and offensive speech; may restrict
messages on T-Shirts.
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Student Rights
• Students cannot be required to do pledge of
allegiance.
• Students do not have a right to academic
freedom.
• Schools can remove controversial books from a
school library; however, it depends on the facts
of the case.
– They must establish and follow consitutional criteria
and reasonable procedures before removing
controversial material.
– Students do not have the right to remove “racist”
books from the curriculum.
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Case Presentation
The Hazelwood Case
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Initial Proceedings
Complaint
Interrogatories
Facts of
claim by
plaintiff
seeks
Depositions
Defendant
Answers
(30 days)
or motion
to dismiss
Document
Requests
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
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Underground Publications
Publications are not sponsored by the
school; therefore, publications:
– cannot be banned for discussing
controversial or unpopular topics.
– cannot be prohibited from criticizing
school officials and school policies.
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Distribution Policies
• Schools may control the distribution of
underground publications.
• Schools may restrict the distribution of materials
that are libelous, obscene, or substantially
disruptive.
• Publication is not legally obscene if it contains
offensive, vulgar or dirty language.
• Schools cannot ban distribution of publications
that promote a particular religious belief.
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Screening of Student Publications
u
Courts held that any requirement
for
screening must clearly state the
following:
• how students are to submit proposed
materials to the administration
• a brief period of time during which the
administration makes its decision
• clear and reasonable method of appeal
• brief appeal time to make decision
Copyright © Allyn & Bacon 2007
Chapter 9
When Can Schools Restrict
Freedom of Expression?
Essential Question
Based upon the court cases that
were examined, how is the
educator’s freedom of expression
limited when it conflicts with other
basic values?
Copyright © Allyn & Bacon 2007