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Artifact 2 Teachers’ Rights and Responsibilities

Gaby Antunez

College of Southern Nevada

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Artifact 2 Teachers’ Rights and Responsibilities

In our case scenario we have a white tenured teacher, Ann Griffin, who spoke against

her African-American Principal and Assistant Principal stating she “hated all black folks.”

Because of her comment this caused tension amongst co-workers with different ethnicities. The

principle would like for her to be dismissed based on the question if she is able to teach and

treat students fairly. Will the court choose Ann Griffin who said comments to her principals or

will they side with the principals and think of the students?

We have a court case where we can refer back to in regards to protected and

unprotected speech and would side with the principals. In Bethel School District No. 403 v.

Fraser (1986), Fraser spoke some obscenities in front of students and staff (assembly), which

caused the school to correct and discipline. When that was attempted, Fraser sued but lost

because the court ruled Fraser had failed the “substantial disorder”. The school did not violate

Fraser’s first amendment because it is the schools’ responsibility to control/discipline students

using foul language that could be harmful to others.

Another court case that would side with the school in regards to disruptive speech and

disorder in teaching would be Loeffelman v. Board of Education of the Crystal City School

District. The teacher spoke her personal opinions on interracial marriage that offended and

concerned her students. She was dismissed due to the fact that she violated school board policy

and she tried filing suit claiming it was a public concern. This would relate to the case scenario

because it is not a matter of public concern therefore it is not protected.

However, there have been instances where teachers have freedom of speech and

protected. One example would be Sherrod v. School Board of Palm Beach County (2010). In this
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case, a teacher publicly announced a public concern of his as a citizen at a school board

meeting. Because of this his speech was protected because he did not state his concerns

against the school as a teacher but as a parent since he had two children attending the school

so the court ruled in favor of the teacher.

A tricky court case where a certified teacher had incidents with students and staff with

unacceptable behavior being involved; this would be the case of Mt. Healthy City Bd. of Ed. v.

Doyle. When Doyle made obscene gestures towards students and a phone call regarding dress

code to a radio station, the superintendent recommended his contract does not get renewed.

Doyle claimed it was against his first and fourth amendment and the court offered backpay to

Doyle.

In my opinion in regards to this case I believe Griffin should be dismissed as a teacher

based on the grounds of her inability to teach to her students. Everyone has their own personal

opinions and voices on different matters, there is nothing we can do about it, it just matters

how it is voiced and where. In this case Griffin did it on school grounds, against her superiors

and did not apologize. If she has those thoughts how is she going to deal if she has African

American students in her classroom? I am referring back to the Loeffelman v. Bd of Ed. and how

it is also a case of discrimination.

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References

FindLaw's Missouri Court of Appeals case and opinions. (n.d.). Retrieved from

https://caselaw.findlaw.com/mo-court-of-appeals/1109760.html

Your 1st Amendment Rights. (n.d.). Retrieved from

https://judiciallearningcenter.org/your-1st-amendment-rights/

Patten, J. V. (2015, December 18). Mt. Healthy City Board v. Doyle. Retrieved from

https://www.britannica.com/topic/Mount-Healthy-City-Board-of-Education-v-Doyle

Jones, Y. B., Esq. (2017, June 15). Do Teachers Have Freedom of Speech? Retrieved from

https://theeducatorsroom.com/teachers-freedom-of-speech-rights/