RUNNING HEAD: Assignment #2

Assignment #2

Isabella Henkel

College of Southern Nevada

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What is a just basis for firing? Teacher Ann Griffin is protesting against her “justified”

cause for firing as stated by the principal Freddie Watts. Ann Griffin is on grounds for firing due

to a heated discussion among administration that led to the teacher claiming that she “hated all

black folk” that had spread among fellow staff members. Freddie Watts claims his reasons for

firing Ann Griffin are justified on the basis that she is deemed unfit to treat students without

discrimination and judge them fairly. Who is in the right in this scenario? The principal, or the

teacher?

A case that supports Griffin is Mt. Healthy City School District Board of Education v.

Doyle, 429 U.S. 274 (1977). In this court case it’s shown that a public school teacher, much like

in the case of Griffin was fired for several underlying reasons, but one namely being where his

discussion of the teacher dress code within the public school he worked at on a radio talk show

was deemed “tactless” and was a just cause for firing. Doyle argued that his right to free speech

was violated. It was shown that his speech was protected under the first amendment due to the

nature and location of the discussion, and that other evidence was needed to justifiably fire

Doyle.

A case that supports Watts is Garcetti v. Ceballos, 547 U.S. 410 (2006). This case

involving free speech and deputy Richard Cebellos began because of his argument against a

search warrant he deemed unnecessary, and instead performed his own investigation. In a

meeting to discuss the possibility of dismissing the case, he became accusatory towards officials

and was soon punished within the workplace through various methods for challenging the

warrant. It was ruled in this case that what a public employee may say in regards to their job are

not protected under the First Amendment and can face retaliation from their employers.
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Another court case in support of Griffin is Heffernan v. City of Paterson, 578 U.S (2016).

In this case, detective Jeffrey Heffernan had brought a lawn sign in support of a political

candidate within the city to bring to his mother. Despite not supporting this candidate for mayor,

fellow officers had seen him with the sign and the chief who was in support of the mayor the

candidate opposed demoted Heffernan. Despite Heffernan not practicing his right to free speech,

because he was fired on the basis that he was practicing his constitutional right to free speech,

the court deemed this action to be in violation of the First Amendment.

Another case in support of Watts is Connick v. Myers, 461 U.S. 138 (1983). In this court

case, Sheila Myers had sent out a questionnaire to prosecutors much like herself to ask about

their personal experiences with management under District Attorney Harry Connick Sr. She was

soon fired and claimed that her questionnaire was protected under the right of free speech and

was not a just cause for a firing. However, the Supreme Court ruled that the questionnaire

following a transfer she was against and the many personal questions on the questionnaire made

it a “personal interest” and overruled her attempt to claim that it was a public concern as a public

employee.

My personal opinion is that Griffin should be fired as her statement is clearly not

protected under the right of having a public concern as a public employee. Rather her statement

is an opinion she stated of personal interest, and my opinion is backed up by Connick v. Myers,

461 U.S. 138 (1983).

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References

Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977).

Garcetti v. Ceballos, 547 U.S. 410 (2006)

Heffernan v. City of Paterson, 578 U.S (2016)

Connick v. Myers, 461 U.S. 138 (1983)