William Kritsonis, School Law, Ch 6 Freedom of Expression

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Public School Law William Allan Kritsonis, PhD
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• Freedom of Speech is entrenched in our United
• States Constitution with the addition of the
  Bill
• of Rights.
• Speech and the freedom thereof were and still
• is such an important component that the
• forefathers and thus Framers of the
  Constitution
• placed it in the first amendment of the Bill of
• Rights.

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What degree of free speech do employees have?

• Do Teachers have the rights of free speech?
• To what degree of autonomy do teachers have and
  what are the repercussions?
• Should teachers not adhere to decorum?

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First Amendment

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  Government for a redress of grievances.

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Fourteenth Amendment

• All persons born or naturalized in the United
  States, and subject to the jurisdiction thereof,
  are citizens of the United States and of the
  State wherein they reside. No State shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States nor shall any State deprive any
  person of life, liberty, or property, without due
  process of law nor deny to any person within its
  jurisdiction the equal protection of the laws.

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Equal Protection and Due Process

• States do have to be subordinate and subservient
  to Federal guidelines, especially in the arena of
  Equal Protection and Due Process.

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Pickering v. Board of Education

• US Supreme Court ruling overturning both local
  school board and lower court decision.
• This specific case involved a teacher who was
  dismissed from his job for sending a letter
  critical of the school board to a local
  newspaper.
• This specific case asserted the precedent that
  some aspects of speech are protected.

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Pickering v. Board of Education cont.

• Although the case did protect certain aspects of
  speech it did not state that teachers have
  unrestricted rights of expression.
• Justice Thurgood Marshall in writing the opinion
  for the court stated has interests as an
  employer in regulating the speech of its
  employees that differ significantly from those it
  possesses in connection with regulation of the
  speech of the citizenry in general.

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Nieto v. San Perlita I.S.D

• The Nieto case involved a supervisor that was
  fired after making allegations that a coach was
  abusing students.
• The court ruled that Nietos speech was of public
  concern but the public interest was outweighed by
  the districts interest in promoting the public
  services it performs.
• Nietos dismissal was upheld.

10
Connick v. Myers

• This Supreme Court case handed down a ruling
  based on a case of expression in New Orleans.
• An assistant district attorney was terminated
  after being informed that she would be
  transferred and then she circulated a
  questionnaire addressing office operations and
  policies.

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Connick v. Myers cont.

• A federal district court and a court of appeals
  ruled in favor of Myers.
• Reversing the decision the high court ruled that
  an employees speech is protected when an
  employee speaks as a citizen on matters of public
  concern but not when he/she only speaks of matter
  of personal interest.

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Protected Speech Three Part Test

• 1.) The speech must have involved a matter of
  public concern.
• 2.) The public employees interest in commenting
  on matters of public concern must outweigh the
  employers interest in promoting efficiency.
• 3.) The third prong of the test is based on
  causation the employees speech must have
  motivated the decision to discharge the employee.