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Aspen Marie Viola

September 22, 2019

EDU 210

Portfolio Artifact #2

Community College of Southern Nevada

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Ann Griffin, is a white tenured teacher, at a predominantly black high school. Ms.

Griffin had a heated conversation with Principal, Freddie Watts, and Assistant Principal, Jimmy

Brothers. We don’t know what the conversation was about, but as the conversation heated, Ms.

Griffin expressed that she “hated all black folks”. Because of this comment, Ms. Griffin was

dismissed.

Freedom of speech is protected under the First Amendment, and this amendment is

entitled to teachers and students at school. Justice Fortas of the U.S. Supreme Court wrote that

“It can hardly be argued that students or teachers shed their constitutional rights to freedom of

speech or expression at the schoolhouse gate (Tinker v. Des Moines Independent School District

1969) .

We don’t know the reason for Ms. Griffin’s meeting with the principal and assistant

principal, but if it was worked related and her comments escalated due to the heated conversation

during their private meeting, her comments should be protected under the First Amendment.

Although Ms. Griffin’s comments were inappropriate, they were not said in the classroom where

they could have had an effect on her students or be disruptive to the class. The Fifth Circuit

Court ruled that comments made in a meeting are protected by the First Amendment if the

teacher’s speech does not disrupt her duties in the classroom (Harris v. Victoria Independent

School District 1999).

Ms. Griffin’s comments can be viewed as a personal attack to the two administrators

based on the color of their skin. Ms. Griffin’s comments also can be viewed as undermining her

supervisors’ authority, along with having a negative effect on the working relationship between

her and the administrators, other teachers, and the predominantly black students in the school,

based on the racial remarks that she made (Connick v. Myers 1994).
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The Supreme Court ruled that if public expression undermines the effectiveness of the

working relationship between the teacher and their superiors and or co-workers, along with the

orderly operation of the school, then a teacher would not be protected under the First

Amendment (Pickering v. Board of Education 1968).

Although Ms. Griffin has tenure, she can be dismissed if there is a good reason for

dismissal. Her comments are clearly racist and were a personal attack on another person. As a

teacher that interacts with African-American students, her personal feelings could have an effect

on her view and grading of these students. Because of her comments were leaked, it may make

her students feel uncomfortable, which would have an effect on their academics. Based on the

cases cited, I feel that Ms. Griffin should be dismissed.

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REFERENCES

Connick v. Myers 1994, 461 U.S. 138 (1983); Waters v. Churchhill, 511 U.S. 661.

Harris v. Victoria Independent School District 1999, 168 F. 3d 216 (5th Cir. 1999), cert. denied,
528 U.S. 1022 (1999).

Pickering v. Board of Education 1968, 391 U.S. 563.

Tinker v. Des Moines Independent School District 1969, 393 U.S. 503, 506 (U.S. Supreme
Court). Retrieved from https://billofrightsinstitute.org/educate/educator-
resources/lessons-plans/landmark-supreme-court-cases-elessons/tinker-v-des-moines-
1969/