Teachers and The Law 7 th Chapter 9

Key Concepts When Can Schools Restrict Freedom of Expression? Teachers and Free Speech Controversial

Chapter 9 When Can Schools Restrict Freedom of Expression? Essential Question In your experience,

KEY TERMS- Chapter 9 Freedom of Speech (123 -124) Academic Freedom (134) Opprobrium (134)

Teachers and Free Speech CRITICIZING SCHOOL POLICY OR PERSONNEL U. S. Supreme interpreted the

Case Presentation Pickering v. Board of Education Copyright © Allyn & Bacon 2007

Marvin Pickering wrote a sarcastic, long letter to newspaper • Against Superintendent and School

Supreme Court Responds To Pickering • Board asserted that damaged professional reputations of school

1. Can teachers be dismissed for making public statements that are not accurate? 2.

5. Private Criticism is protected depending upon 6. 7. 8. 9. circumstances (manner, time,

Need for harmony in schools Whether the criticism injured the Factors working relationships Time,

Teachers and Free Speech How do courts rule when some of a teachers’ speech

Controversial Issues and Academic Freedom – To speak freely about any subjects – To

School Board Rights & Academic Freedom School Boards: • can require or prohibit the

Teachers Rights and Academic Freedom Teachers: • do not have the right to preach

School & Teacher Academic Freedom • Teachers may be punished for failing to submit

TEACHING METHODS Teachers cannot be punished for using a controversial method that is not

Teacher Academic Freedom • Teachers do not have the right to preach their religious

Teacher Methods Teachers may not be punished for using a controversial method that is

Teacher Methods Continued • Schools may impose an inflexible grading policy on teachers: depending

Students and Free Speech 1915 1916 The Wooster Case 1965 The Tinker Case Copyright

Students & Free Speech • Schools can legally limit student expression and symbolic speech.

Student Rights • Students cannot be required to do pledge of allegiance. • Students

Case Presentation The Hazelwood Case Copyright © Allyn & Bacon 2007

Initial Proceedings Complaint Interrogatories Facts of claim by plaintiff seeks Depositions Defendant Answers (30

Underground Publications are not sponsored by the school; therefore, publications: – cannot be banned

Distribution Policies • Schools may control the distribution of underground publications. • Schools may

Screening of Student Publications u Courts held that any requirement for screening must clearly

Chapter 9 When Can Schools Restrict Freedom of Expression? Essential Question Based upon the

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Teachers and The Law 7 th Chapter 9 When Can Schools Restrict Freedom of Expression? Fischer, Schimmel, Stellman Power. Point Presentation Gerri Spinella Ed. D. Elizabeth Mc. Donald Ed. D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: • any public performance or display, including transmission of any image over a network; • preparation of any derivative work, including the extraction, in whole or in part, of my images; • any rental, lease, or lending of the program. 1

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? Copyright © Allyn & Bacon 2007

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 Copyright © Allyn & Bacon 2007

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. ” Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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? Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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 – 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 Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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 Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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 Copyright © Allyn & Bacon 2007

Underground 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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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