Ch. 8 Teacher Freedoms
Presented by
Catherine Hardison, JD, PhD
Associate Dean,
Online and Graduate Programs
And
Charles Wheaton, PhD
Online Curriculum Specialist
and Faculty Trainer
Chap. 8, Teacher Freedoms
Hardison/Wheaton HU 11-12
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Introduction-Teacher
Freedoms
 Just as students do not, teachers do not lose their
constitutional rights when accept employment in a
public school, BUT
 Must be sensitive to and have regard for the integrity
of the profession
 School boards must have a compelling reason to
restrict teacher rights, cannot be arbitrary,
capricious, or motivated by personal or political
objectives
 POST THE ANSWER (in CHAT): What is one example
when a school board can restrict a teacher’s rights &
why do you think it can?
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Teacher Freedoms, Substantial
and Procedural Considerations
 14th Amendment: “no state shall. . .
Deprive any person of life, liberty, or
property without due process of law”
 Substantive due process means?
 Deals with teacher individual or personal rights
 When can the rights be limited?
 Procedural due process means?
 Requires certain legal procedures be followed
 Ensures fundamental fairness and avoids the arbitrary
and capricious claims
Both very important in teacher dismissal process
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More on Substantive Due
Process
 Teacher’s rights restricted?
 Must demonstrate a valid reason to justify
restriction
 Means employed to deny rights must be reasonably
calculated to prevent harm
 Burden on school district to justify
restriction
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More on Procedural Due
Process (NOT)
Must be given proper Notice will be
deprived of personal rights
Must be given an Opportunity to be
heard
Hearing must be conducted in a fair
manner (Unbiased Tribunal)
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Freedom of Expression
 So long as speech does not create a material
disruption to the educational interests of the school
district
 Examples? Interference with privacy interests of
students (sharing personal info with others)
 Lower when speaking about personal matters
rather than those of interest to the community
 District likely wins when speech undermines
authority and adversely affects working
relationships
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Speech Outside the School
Environment
 Can speak on issues of personal concern
even if speech is not acceptable to
school officials
 No longer a unlimited right to freedom of
expression (public employment a
privilege)
 BEST PRACTICE: Preface remarks by
indicating speaking as a private citizen,
not as a school employee
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Speech Outside the School
Environment
Famous case: Pickering v Board of
Education (1968).
“ Absent proof of false statements
knowingly or recklessly made by him, a
teacher’s exercise of his rights to speak
on an issue of public importance may
not furnish the basis for his dismissal
from public employment.”
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Speech Outside the School
Environment
 Gilbertson v McAlister case (Conn, 1975)
 Case has guidelines to follow, look to what is:
 Impact on harmony, personal loyalty, and
confidence among co-workers
 Degree of falsity of statements
 Place where speech or disturbance took place
 Impact on staff and students
 Degree to which teacher’s conduct lacked
professionalism
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Speech Outside the School
Environment
 Tomkins v. Vickers (5th 1994)
 Teacher wrote an editorial, spoke out in public forums,
sent letter of no confidence to the supt, all criticizing supt
 Facts:
 Art teacher criticized supt for eliminating an art
program at the historically African American junior
high while retaining the same program at the
historically white junior high
 Supt claimed no teachers could be found
 Teacher found teachers willing to teach eliminated
program
 Supt demoted teacher to teach at African-Amer
school
 Teacher filed suit, freedom of expression is protected
 Teacher won
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Speech Outside the School
Environment
 Mt. Healthy SD v Doyle
 Non-tenured teacher
 Involved in several altercations (staff &
students)
 Obscene gestures to female students, phoned
in memo to radio from prin to the teacher
 Board recommended not rehiring teacher
 Court found speech was protected, but could
NOT be used by the teacher to block
employer from assessing entire record of
performance
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Academic Freedom
 Huge issue, especially for 6-12 teachers
 Different at K-12 level than higher educ
Limited concept
 Yes, classroom is marketplace of ideas
 Yes, teachers should be allowed to give
students freedom of inquiry, research,
and discussion of various ideas and issues,
BUT
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Academic Freedom
 Must be sure subject matter matches the
students’ intellectual and social maturity
levels
 Subject matter introduced for class
discussion must
Be related to and consistent with
teacher’s certification and teaching
assignment.
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Academic Freedom
 In the Fowler case, the teacher asked by students to
allow them to view Pink Floyd’s movie, The Wall, while
she graded papers on the last day of school
 Teacher asked students if film was appropriate, one assured her
only one part was bad.
 She told student to edit the part. Student tried to edit part by
covering a 25 inch screen with a 8 1/2 by 11 inch file folder (don’t
ask me how)
 Film contained nudity and violence
 Teacher stated she would show an edited version again
 Teacher was fired, appealed-freedom of expression
 Result? (See page 222-223)
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Academic Freedom
 Board fired her for
 Insubordination
 Conduct unbecoming of a teacher
 Teacher’s firing upheld even though:
 Entitled to First Amendment protection
 Motion picture is a form of expression
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Academic Freedom
 BEST PRACTICE
 Leave any religious references out of the
classroom (unless part of approved
curriculum)
 Do not use the classroom for promotion of a
political or personal agenda
 Leave offensive, obscene language out of the
classroom
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How much freedom?
Who is this man?
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How much freedom?
 Teacher arrested showing bomb tips, police
say.
He and students made, tested devices

The Associated Press Updated: 3:51 p.m. ET Feb. 17, 2005
 ORLANDO, Fla. - A high school chemistry teacher was arrested
after students claimed he taught his class how to make a
bomb, authorities said.
 David Pieski, 42, used an overhead projector in class to give
instructions in making explosives to students at Freedom High
School, including advising them to use an electric detonator to
stay clear from the blast, an Orange County sheriff’s arrest
report said.
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How much freedom?
 In Pieski’s classroom in Orlando, authorities found a book
labeled “Demo,” which includes the chemical breakdown for
a powerful explosive, the arrest report said.
 One student said he set off an explosive device at a golf
course on Jan. 6 and videotaped it, the arrest warrant said.
The videotape shows an explosion, and the voice of a young
man can be heard shouting, authorities said.
 Pieski was charged with possessing or discharging a
destructive device and culpable negligence. Pieski, who was
booked into the Orange County Jail on Monday, released on
$1,000 bail, declined to comment.
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How much freedom?
 School Supt Judy Cunningham said Pieski was reassigned to a
desk job after he was interviewed by authorities. DO YOU
AGREE WITH THIS DECISION? Why or why not?
 Pieski told investigators he detonated chemicals in a coffee
can by a ball field four times for his students. He said he did
this as a chemistry project to show a reaction rate, the arrest
report said.
 “Pieski admitted to me that he observed (the student’s) video
and approved of his successful results,” the arresting officer
said in the warrant. “Pieski disagreed with the project being an
explosion.”
 EXTRA CREDIT: E-mail me the answer: What has happened in
this case? Is Pieski still employed, did he lost his certification?
So far—no one has found the answer
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How much Freedom?
EXTRA CREDIT: E-mail me the
answer: What has happened in
this case? Is Pieski still
employed, did he lose his
certification? So far—no one
has found the answer.
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Freedom of Association
 First amendment right to assemble
(freedom of association included in right)
 Must be aware of importance of role as
public employees
 USSC in Ambach v Norwick (1979) stated
“A teacher serves as a role model for his
students, exerting a subtle but important
influence over their perceptions and
values”
 However, Trend is to allow more freedom
for teachers
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Membership in Subversive Organizations.
Mere membership in subversive
organizations is not sufficient in itself
Must show that actually
participated in an illegal activity or
intended to achieve an unlawful
objective
Arbitrary loyalty oaths? Mostly
found to be unduly intrusive.
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Political Rights
 School employees can
 Run for political office-cannot use position for
political gain
 Campaigning for self or others
 Develop and expound political ideologies
 Engage in public debate
 BUT, must
 Limit activities beyond school day and outside
of classroom
 Be certain political activities do not interfere or
infringe on duties and responsibilities
 No use of facilities, equipment, supplies, staff
time
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Teacher Freedoms-Dress and
Grooming
 Tension between school authorities and teacher
claims that dress codes violate right to free
expression
 Rules can restrict dress based on health,
safety, material and substantial disruption, or
community values-usually courts will support
 District must show restrictions are related to a
legitimate educational interest and is not
designed to place undue and unnecessary
restriction on teacher dress.
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Teacher Freedoms-Dress and
Grooming
Scenario
 A fifth grade male teacher decides to dress more
casually while he teaches. He chooses to wear a
pair of sweat pants that are tight enough to
reveal an outline of his non-supported penis and
scrotum. In fact they bounce freely.
 The principal receives a complaint from a mother
of female student in his class, claiming that her
daughter is very embarrassed when the teacher
stands near her desk as his crotch is at her eye
level. The parent states that other parents of
daughters are similarly upset.
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Teacher Freedoms-Dress and
Grooming
 The teacher refuses to change his manner of
dress, claiming he freedom to dress as he
wishes and the principal allows female
teachers to wear tight pants and blouses, so
what is the difference?
 What legal support can the principal use limit
the teacher’s dress?
 Go first to dress code and look at language,
then what?
 POST ANSWER in Chat Box: Do you think the
teacher’s dress can be limited? Why or Why
not?
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Rights of Unwed Pregnant
Teachers
 Court opinions vary, what is your district policy?
 1960-mid 1970s rulings against teacher
 Mid 1970s-early 1980s focused on overall teacher
performance, impact of teacher’s actions on
students, extent to which teacher’s actions
adversely affects her effectiveness as a student
 Now? Court opinion is mixed
 BEST PRACTICE: What do you think?
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Teacher Right to Privacy
 Must respect until violate integrity of the district
or render teacher ineffective.
 Burden of proof rests with district, BUT
 If teacher has strong teaching record
 Is effective in relationships with students
 Respected in the community by his or her peers
 Likely will not meet its burden
 If conduct is
 Highly publicized to point effectiveness and
reputation are impaired, district may be able to
press its case
 A non-criminal act probably not actionable
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What would be the result if:
 A popular male/female teacher who was very
successful teaching social studies at the district’s
high school was rumored to be:
 In an adulterous relationship with a married
teacher in another district. Students are not
concerned and continue to relate with him/her
in a positive manner
 Post opinions in CHAT
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What would be the result if:
In a homosexual relationship with a
local businessman/woman. The
rumors are further fueled by the fact
that the men/women share a home
Are you aware of Washington State Law
and the latest changes related to domestic
partnerships?
 Again, students are not concerned
and continue to relate well with the
teacher
Post opinions in CHAT
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Other Freedoms
 Can a teacher whose religious beliefs keep
him from saluting the flag be dismissed for
not saluting the flag during a school
assembly? Post opinions in CHAT
 Must a school allow for reasonable teacher
absence for religious holidays that do not
match the school calendar? Post opinions in CHAT
 When can a district disallow the wearing of
religious garb by teachers on school
campus? Post opinions in CHAT
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Other Freedoms
 Probably not, especially if the teacher stands at
silently during the pledge
 If personal leave is part of the teacher contract,
observation of religious holidays are a private
matter. Other leave, such as unpaid leave are
options
 Yes, if the religious garb creates a sectarian
influence in the classroom, or significantly
reduces the teacher’s effectiveness—what about
Oregon?
 (Who will check quickly?)
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Teacher Freedoms-Best Practice-Essex
Teachers & Administrators retain
constitutional rights—HOWEVER:
Avoid personal attacks, libelous or
slanderous statements
Do not knowingly report false info
Introduce appropriate material related to
assigned subject matter
Do not use the classroom to advance
political or religious views
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What about…
Burqa (face veil or cover)? Is is
religious or cultural dress
Does it make a difference?
What about ORS 659A.033? Is that
of concern to Washington state?
Who can find out what it means?
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Teacher Freedoms-Best Practice-Essex
Associate with anyone you wish, but do
not associate with illegal activity or behave
in a manner to render yourself unfit for
effective job performance
Dress, grooming, and appearance can be
regulated by school boards if have a
compelling educational interest OR codes
are supported by community standards
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Teacher Freedoms-Best Practice-Essex
Teachers & Administrators have a
right to privacy, cannot be legally
penalized for private, noncriminal
acts
Pregnant unwed teachers cannot be
automatically dismissed unless
there is a defensible reason for
doing so
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