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Free Speech- Academic Freedom
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Lernfreheight
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Chapter 15
Teacher Rights and Freedom
| Question | Answer |
|---|---|
| Free Speech- Academic Freedom | Essence contained in the first amendment. Teachers do not have unlimited liberty. Pall of orthodoxy. |
| Lernfreheight | Freedom to learn |
| Lernfeiheit | Freedom to teach |
| Pickering v. Board of Ed | Teacher have a right to speak out freely on matters of public concern. A teacher did not like bond proposals. State has to show a compelling state interest in order to overcome a teachers right to speak out on public issues. Teacher fired for sending le |
| Pickering and Supreme Court | Court said, 1. Pikerings statements did not harm operation of the district 2. Did not affect teachers performance 3. His speaking out cant be a reason for his dismissal |
| Mt. Healthy City School Dist Board of Ed v. Doyle | Evidience must show that Teacher’s exercise of constitutional right was the motivating factor in the Board’s decision not to rehire. President of teachers assn off the chain. Arguing and getting slapped. Can a teacher not be rehired if a constitutionall |
| Mixed motive test | 1.Is speech about public concern? 2. Would the employee have been dismissed had it been for the speech? 3. The employee then must prove it was |
| Teacher’ rights | Are not absolute and can be overcome if public necessity is great enough |
| Connick v. Myers (rule) | Myers distributed a survey in her firm about working conditions. Two step test- 1. Is the speech a matter of public concern? 2. If it is the court must apply the Pickering balance test. |
| Matters of Public Concern | Items that involve more people than ones self- for example ?11 in Connick. If a question of public concern, Mt. Healthy test is involved. |
| Givhan v. Western Consolidated | No 1st amendment freedom is lost to a teacher who choosed to communicate privately with his employer. Teacher complained to principal behind closed doors about her job. |
| Teacher Dress | Liberty Interest |
| East Hartford Ed Assn v BOE | Teacher dress policy constitutional. Teacher does not want to wear a tie. Symbolic speech. Each claim of liberty must be judged in light of that case’s special circumstances. Teacher dress promotes traditional values, discipline and respect. Reasonabl |
| Property rights | rights related to anything of value |
| Liberty rights | rights related to engaging in the occupations of life. Freedom of restraint. Ex. Pierce v. Society of Sisters |
| Seemuller v. Fairfax Co | PE Teacher’s sarcastic humerous letter to school paper responding to allegations of sexual discrimination addressed a public concern. |
| Drug Testing | OK under appropriate suspicion. Challenged under4th amendment. What constitutes reasonableness is the big ? Skinner- suspiscionless testing. |
| Privacy | How much about one’s self is revealed. Subjecting selves to different experiences. Not specifically mentioned in the Bill of R. Understood. The 9th amendment probably most inclusive of privacy rights. |
| Freedom of Religion | Guaranteded by 1st amendment. Religious freedom of teachers is sustained by courts as long as it does not encroach on the rights of students or is onto deleterious to the good conduct of the school. |
| Wearing religious garb | no precise definition of what religious garb is. Many courts split. Most prohibit wearing of religious garb while performing instructional duties. |
| Beilan v. BOE | Failure of teacher to answer questions posed by Sup concerning loyalty may be incompetency. The questions asked by Sup were related to his fitness (communist) and suitability to serve as a teacher. Incompetent has broad meaning beyond lack of knowledge |
| The Bill of Rights consists of the first ten amendments to the U.S. Constitution. | True |
| The Supreme Court in Pickering v. Board of Education ruled that teachers had the right to speak out on matters of public concern. | True |
| A state may pass a statute prohibiting teachers from wearing religious garb in the classroom. | True |
| A state is required by Title VII to permit a teacher to wear religious garb in the classroom. | False |
| A school district may refuse to reasonably accommodate a teacher's religious practices if they place an undue hardship on the school. | True |
| Freedom of speech is guaranteed to the teacher whether the speech is in public or private. | False |
| A school board may establish a dress policy for teachers. | True |
| A school board violates a teacher's right of privacy when it attempts to require a teacher to take a psychiatric examination. | False |
| Even if a teacher is speaking out as a citizen on a matter of public concern the teacher may still be dismissed if the activity disrupts the educational enterprise. | True |
| Public speech involving private concerns involves a relatively low standard of proof by the state to justify dismissal. | False |
| A school principal’s speech to a school board regarding a proposed transfer of his wife, an English teacher, was not a matter of public concern. | True |
| The burden of proof is on the teacher to show that he or she was not rehired because of a constitutionally protected right. | False |
| Where a teacher’s record is replete with conflict with the school principal, the teacher’s resort to free speech protection is not likely to be successful. | True |
| A random search without reasonable suspicion of a teacher’s use of drugs violates the Fourth Amendment to the U.S. Constitution. | True |
| A sniff search by dogs of the exterior of cars in a school parking lot does not require a search warrant. | True |
| In Mt. Healthy v. Doyle, the Supreme Court developed a method of analysis where constitutionally protected and nonconstitutional issues are involved in a teacher dismissal. Discuss this method of analysis and how it works. | A mixed motive test is given. Three questions asked:1. Is speech about public concern? 2. Would the employee have been dismissed but for the speech? 3. If so, the employee’s statements are weighed against the employer’s responsibility to manage public se |
| Connick v. Myers and Pickering v. Board of Education, when combined, form a free speech test that is a two-step process. Explain that process. | 1. Is the speech a matter of public concern? 2. if so, do the employee speech rights outweigh the employer's need to operate an effective workplace. |
| Explain what the U.S. Supreme Court meant by "matters of public concern" when deciding the free speech question in Pickering v. Board of Education. | Items that involve more people than ones self. Ex in Connick law office. Is the concern not selfish? |
| The free speech test, as set forth by the precedents of Pickering and Connick has four elements. Name three. | 1. Public speech is a fundamental constitutional right. Allegations for teacher dismissal for excercising freedom of speech place the proof on the state or schoolboard. 2. Speech can be denied if theinterest of the state outweigh the interests of the emp |
| What did the U.S. Supreme Court mean when it referred to a “pall of orthodoxy over the classroom?” Which Amendment to the U.S. Constitution is relevant to this issue? | According to the first amendment, there is a certain freedom to teach and learn that comes under individual rights and freedoms. Teachers however do not have unlimited liberty. |
| Discuss the issue of “suspicionless searches.” Explain the objections to such searches. What is the law? In so explaining, discuss the concept of “special needs” as it applies to drug testing. | Schools can search based on reasonable cause. Recently schools can randomly search because of increased drug and alchol use. The objections are they can be considered a violation of the 4th amendement. Special needs are an exception to the command of th |
| The law of special needs | Sometimes 4th amendment intrusions serves a special government need. Ex. Testing customs Service Employees. |
| Discuss the issue of “suspicionless searches.” Explain the objections to such searches. What is the law? In so explaining, discuss the concept of “special needs” as it applies to drug testing.=Schools can search based on reasonable cause. Recently school | (blank) |
| The law of special needs= Sometimes 4th amendment intrusions serves a special government need. Ex. Testing customs Service Employees. | (blank) |
| TF- To rise to a level of public concern a teacher speech must be invoked in his or her role as a citizen and not merely as an employee of the school district. | True |
| TF- A teacher cannot be dismissed for calling on others to stay home from school pretending to be sick. | False |
| TF- A public school teacher has a valid expectation of privacy against a school drug test search | False |
| TF-Teachers have an inviolate right of privacy against a school drug test search. | False |
| TF- a random search without reasonable suspicion of a teacher’s use of drugs violates the fourth amendment to the US constitution. | False |
| TF- A sniff search by dogs of the exterior of cars in a school parking lot does not require a search warrant. | True |
Created by:
kipprogers