Rights of Teachers

Protected and Unprotected Speech

The courts have both supported and restricted the free speech rights of public school teachers. In 1968, the U.S. Supreme Court ruled in Pickering v. Board of Education that teachers have a First Amendment right to express viewpoints on matters of public concern. In Pickering, a teacher sent a letter to a newspaper criticizing the actions of the local school board. The school board dismissed the teacher, claiming parts of the letter were false and damaging to the board. The Court ruled on behalf of the teacher but noted there were circumstances where a school board's interests would take precedence.

The Court set up a test balancing a citizen's interest and constitutional right to express views on matters of public concern and the state's interest in providing public services such as education. A school board can dismiss a teacher for what the board considers offensive speech or expression if, after conducting a reasonable investigation, the evidence supports the board's position that the expression is not protected speech. Unprotected speech includes expressing views regarding personal employment issues, comments or attacks on supervisors, or any expression that disrupts the activities of the school. Employers may also limit protected speech under reasonable time, place, and manner restrictions.

Curriculum Rights

Only school boards have the right to decide curriculum content. Teachers must get approval before using any unauthorized materials in the classroom or altering the approved curriculum in any manner. Teachers have the right to determine which strategies and methods are appropriate to use to teach the approved curriculum. Courts have generally looked at the age of the students, relevancy to course objectives, professional support, risk of school disruption, and community standards when evaluating the appropriateness of teaching strategies and materials.

Freedom of Association Rights

The Supreme Court noted under Healy v. James (1972) that the right to associate, while not explicitly mentioned in the First Amendment, is implicitly included under freedoms of speech, assembly, and petition. Teachers and other public employees have the right to join political organizations, labor unions, and other types of groups. Teachers may also engage in political activities such as campaigning. They can discuss campaign issues as part of classroom instruction, but must make sure the discussion is fair and balanced. Teachers cannot use the classroom to indoctrinate students or campaign.

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