Teachers and The Law 7 th Chapter 9 When Can Schools Restrict Freedom of Expression? Fischer,...

Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007

Teachers and The LawTeachers and The Law77thth

Chapter 9Chapter 9When Can Schools Restrict When Can Schools Restrict

Freedom of Expression?Freedom of Expression?

Fischer, Schimmel, StellmanFischer, Schimmel, Stellman

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Gerri Spinella Ed.D.Gerri Spinella Ed.D.Elizabeth McDonald Ed.D.Elizabeth McDonald Ed.D.

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Key ConceptsKey ConceptsWhen Can Schools Restrict When Can Schools Restrict

Freedom of Expression?Freedom of Expression?

Teachers and Free Speech

Teaching Methods

Controversial Issues and Academic Freedom

Students and Free Speech


Chapter 9 Chapter 9 When Can Schools Restrict When Can Schools Restrict

Freedom of Expression?Freedom of Expression?Essential QuestionEssential Question

In your experience, how has your school restricted the freedom of expression for a teacher or student?


KEY TERMS- Chapter 9KEY TERMS- Chapter 9

Freedom of Speech (123-124)

Academic Freedom (134)

Opprobrium (134)

Underground Publications (158)

Obscene Material (160)


CRITICIZING SCHOOL POLICY CRITICIZING SCHOOL POLICY OR OR

PERSONNEL PERSONNEL

U.S. Supreme interpreted the Fourteenth Amendment (prohibits states from depriving life, liberty or property without due process) to incorporate the First Amendment



Case PresentationCase PresentationPickering v. Board of EducationPickering v. Board of Education


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.”


Supreme Court Responds To PickeringSupreme 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.


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?


5. Private Criticism is protected depending upon circumstances (manner, time, and place of confrontation).

6. Teachers are not required to go through the chain of command if it is about matters of public concern.

7. Personal complaints are not protected by the First Amendment.

8. Teachers’ comments are not considered matters of public concern in some cases.

9. Personnel Matters are not necessarily excluded from First Amendment Protection.


Whether the criticism injured the

working relationships

Effect of the speech on the teacher’s ability to work effectively

Time, Manner, Place,

Context of Speech

Need for harmony in schools

Factors

COURT CONSIDERS SEVERAL FACTORS IN BALANCING THE INTERESTS OF TEACHER AGAINST THE INTERESTS OF THE SCHOOL BOARD.


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.”



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

Controversial Issues and Academic Freedom


School Board Rights & Academic FreedomSchool Board Rights & Academic Freedom

• 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.

School Boards:


Teachers Rights and Academic FreedomTeachers Rights and Academic Freedom

• 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.

Teachers:


School & TeacherSchool & TeacherAcademic Freedom 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.


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.

TEACHING METHODS


TeacherTeacherAcademic FreedomAcademic 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.


Teacher Methods 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


Teacher Methods ContinuedTeacher 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.


1915 The Wooster Case 1965

The Tinker Case

Students and Free Speech


Students & Free SpeechStudents & 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.


Student Rights 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.


Case PresentationCase PresentationThe Hazelwood CaseThe Hazelwood Case


Initial Proceedings

Complaint Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or

motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories DepositionsDocument Requests

Settlement Conference


Underground Publications 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.


Distribution Policies 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.


Screening of Student PublicationsScreening of Student Publications

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

u


Chapter 9Chapter 9When Can Schools Restrict When Can Schools Restrict

Freedom of Expression?Freedom of Expression?Essential QuestionEssential 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?

Teachers and The Law 7 th Chapter 9 When Can Schools Restrict Freedom of Expression? Fischer,...

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