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Freedom of Expression for Teachers

Regarding freedom of expression, the courts consider several factors as balancing the interests of a teacher with the interests of the school board:
(1) The need for harmony in the school,
(2) Whether the criticism injured the working relationships,
(3) The time, manner, place, and context of the speech (expression),and
(4) Effect of the speech on the teacherâ??s ability to work effectively.

Examine one of the following cases and provide a synopsis.

· Pickering v. Board of Education, 391 U.S. 563 (1968)
· Hazelwood School District v. Kuhmeier, 484 U.S. 260 (1988)
· Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969)_
· Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)

Using the information from the case and your own real experience or an experience you know of, compare how this experience relates to the case and to freedom of speech in the school setting.

Solution Preview

In the case of Pickering vs. Board of Education (1968) a teacher named Marvin Pickering, who taught at Township High School in Illinois was fired from his school after writing a letter to a local newspaper criticizing how the Township Board of Eduaction and the Superintendent of the district handled past proposals to raise new revenue for the schools. Pickering claimed that his writing was protected by the First and Fourteenth Amendments of the Constitution. The Board of Education rejected this claim. Pickering appealed this action to the Circuit Court of Will County and then to the Illinois Supreme Court which upheld his dismissal. The United States Supreme Court agreed that the teacher's First Amendment Right to Free Speech was violated and reversed the decision of the Supreme Court of Illinois.

There have been incidents like the one ...

Solution Summary

The following solution summarizes the case of Picering vs. Board of Education 391 (1968) and provides a comparison of this case with another classrom incident regarding freedom of speech.