Running head: THE RIGHT TO SPEAK 1

The Right to Speak

Ethan N. Mills

College of Southern Nevada

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Abstract

This paper aims to discuss what teacher employees can say and cannot say while in their

position. Whether at work or in the community teachers are seen and held to a higher standard

that fellow community members often hold them to that standard. Within the following text we

will explore a case of where a tenured Caucasian teacher expressed her opinion during a heated

conversation to her colleagues stating that she does not like African American people. Being that

at the school she works in has a principle and an assistant principle who are both of that

background we will have to point out the how they would handle to the situation in a

professional manner. We will address briefly the teachers 1st and 14th amendment rights and few

cases that will shed some light on how courts have handled situations similar to our example.
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The Right to Speak

A Teachers rights

During an intense conversation Miss. Ann Griffin was quoted saying I hate black folks. to her

colleagues. When word surfaced to the schools principle Mr. Freddie Watts, he had suggested

that she be dismissed from her position as a teacher, in fear that her statement hindered her from

teaching and grading all of her students fairly. This being that she taught a predominately black

school. No matter how controversial the comment may be all faculty members have a right to

freedom of speech. Being a tenured teacher gives her the right of property interest. This means

that being a teacher with a specialized contract she must complete her time at the school who

hired her. Also if she were ever to be let go from her position there must be notified of hearing

and enough time for the a rebuttal which are just a few of the many things tenured teachers have

available to them if they are ever in this position to defend themselves.

1st and 14th amendment. As many know our first amendment gives us the right to free

speech and that our fourteenth amendment states every citizen has citizenship rights and that no

one is able to take that away from us. That being said an employees speech whether in or

outside her classroom would be protected. Many cases have been about this similar issue where

an employee a classic example is the Pickering v. the Board of Education. The issue erupted after

a teacher wrote to the local newspaper criticizing his school districts board of education and

district superintendent handling a certain issue. The teacher had argued that he was speaking as a

concern citizen and not as a disgruntle employee. He won his case by showing that his freedom
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of speech was violated. In short you have your rights no matter what your have done you may

have your day in court and prove that your actions are not as bad as other making it seem to be.

School Districts Rights

Givhan v. Western Line Consolidated School District is another famous case where a teachers

private comments about a new program in meeting with her principal put in her in sticky

circumstances. Being that she felt the program had underlining intentions. The principal cited the

conversation and showing other evidence of her past discrepancies advised the school district to

no renew her contract at the school. She had won the initial ruling of the district courts but then

the fifth circuit reversed that decision saying that she was not entitled to constitutional

protection. being that her complaint was to her colleagues and not to the general public. Like in

this case Ms. Ann was talking to her co workers and was not and not to the general public.

Therefore she can be seen as speaking as an employee and not a concern citizen.

If the courts sides with Mr. Watt succeeded in having Ms. Ann removes form the school then the

school district would have to show that they made that decision in good faith. The Waters v.

Churchill case started the good faith ruling when a nurse had criticized a fellow co worker.

Though it was never clear what was said the courts sided with the hospital that fired her. Saying

that based on her character she was prone to make the same mistakes again and she would most

likely be better off being let go of her duties. Thus keeping the peace within the work place and

not causing any bad feelings towards one another. Since co workers both white and black

showed discomfort with Ms. Anns comment the removal would be a way to help ease the

tension in the workplace.

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My Ruling

Siding with the principals suggestion I would mostly fear that she is not fit to teach in a

classroom. Instead of requesting for her dismissal I would just write up her incident and file in

her folder. That way if anything would to ever happen again then we would have evidence that

she has done something like this before. Also I would pay close attention to her test scores and

grades for throughout the following semesters. This should encourage Ms. Ann to try to stay in a

neutral position with her co worker and student while at work.

Conclusion

Both the teacher and the school district have rights to take action and it there is always a new

case challenging what and how our freedom of speech is protected. The teacher is a person and

while she remains a law abiding citizen she should be able to say what she wants and not be

persecuted for it. On the other hand if certain remarks are made that make others feel

uncomfortable steps should be taken to clear the air and continue a prosperous work environment

for everyone. This all boils down to how to keep everyone at work happy and at ease to maintain

a healthy work environment.

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Citation

McCabe, McMarthy, Ecks. 2014. Legal Rights of Teachers And Students. Textbook.