Chapter 9 Law

Connick v. Myers of Education is another Supreme Court case which forms the basis of decisions regulating teachers' freedom of expression. What are the parameters set by Connick that govern the ways school districts must consider the making or enforcement of rules pertaining to freedom of expression?

Teachers' statements are a matter of public concern when they relate to "any matter of political, social, or other concern to the community." It also depends on the content, form, and context. Speech must as a public employee on matters of public concern, not as an employee on matters of public concern

Does Academic Freedom Protect the Assignment of Controversial Materials?

"A few early cases ruled that it does if the material is relevant to the subject, is appropriate to the age and maturity of the students, and does not cause disruption." Inappropriate for the age and maturity of students Not supported by professional opinion Prohibited by school policy

Pickering v. Board of Education is a Supreme Court case which forms the basis of decisions regulating teachers' freedom of expression. What are the parameters set by Pickering that govern the ways school districts must consider the making or enforcement of rules pertaining to freedom of expression?

"Absent proof of false statements knowingly or recklessly made by him, a teacher's exercise of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment" Pickering could not, most likely, be dismissed for publicly criticizing school policy when speaking as a citizen, rather than as an employee, about matters of public concern: "Teachers are, as a class, the members of a community most likely to have informed and definite opinions as to how funds allocated to the operation of the schools should be spent. Accordingly, it is essential that they be able to speak out freely on such questions without fear of retaliatory dismissal."

Garcetti v. Ceballos is the Supreme Court case which informs the application of the Pickering Balancing Test. What are the parameters set by Garcetti that govern the ways school districts must consider the making or enforcement of rules pertaining to freedom of expression?

"When public employees make statements pursuant [following] to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does insulate their communications from employer discipline" The Supreme Court emphasized that the Pickering balancing test should be used only when public employees make statements about matters of public concern outside of their official duties.

What constitutional amendment governs an individual's freedom of expression?

The First Amendment protects the freedom of expression of citizens. It allows them to "speak and write critically about government policies and public officials." Prohibits states from depriving citizens of life, liberty, or property without due process (14th Amendment)

When are controversial teaching methods not protected by academic freedom?

Faculty members cannot harass or ridicule or impose their views on their students

What is academic freedom?

This includes the right of teachers to speak freely about their subjects, to experiment with new ideas, and to select appropriate teaching materials and methods." Based on the First Amendment and is fundamental to our democratic society Protects a teacher's right to evaluate and criticize existing values and practices in order to allow for political, social, economic, and scientific progress;