EDU 210 Artifact 2 1

EDU 210 Artifact #2

Freedom of speech and Tenure protection

Richard L Tipton

College of Southern Nevada

9/9/2017
 2

In this scenario, a principal Freddie Watts, and his assistant principal Jimmy Brothers

who are both African-American, are recommending dismissal of a teacher who made derogatory

statements towards “black folks” In which she declared she “Hated all black folks.” The majority

of the student body at this particular school are also African-American. The specific teacher Ann

Griffin who is herself white, and also has reached tenure in this specific school district, has been

receiving negative reactions from colleagues of all ethnicities. The principal’s grounds of

dismissal are based on concerns of her being able to treat students fairly despite ethnicity.

The problem with her being dismissed over this altercation is that it could infringe on free

speech. A prime example of free speech in education being protected is Pickering v. Board of

Education. In this specific case, a teacher criticized a school tax levy to a public newspaper. The

board then terminated the teacher. After the Supreme Court’s appeal, the decision was proven to

be a violation of the teachers 1st amendment rights. Though in this situation it was a personal

opinion based on a decision in the district and on a much more public platform, it has similarities

in the fact that teachers are not exempt from basic rights such as the ones provided in the 1st

amendment.

Though not pertaining directly to a teacher, more so public employees in general is

Rankin v. McPherson. In this specific incident Ardith McPherson, a 19-year-old deputy in a

county constable’s office, stated a comment about the then president at the time, stating that after

a failed attempt on the president’s life that “If they go after him again, I hope they get him.” She

was terminated from her position, but took it to the state court. The fifth circuit then reversed the

decision twice. In the end, they held that her statements did hold ground as something more

important to the public, to the point it outweighed her employers interest in terminating her.
 3

Now the true question though is if the teacher’s comments in this situation create an

environment that disrupts the classroom or instruction. In Melzer v Bd. Of Educ. Of the City Sch.

Dist. Of the City of N.Y, the court upheld the termination of a teacher who was a part of a group

that advocated for relations between men and young boys. It was determined that the activity

would cause a change in effectiveness as a teacher in the classroom. Now in the situation our

teacher finds herself, her comments make a similar type of situation, where her “dislike of black

folks” can cause a biased or otherwise disruptive situation in the classroom.

One other factor to think about in our situation is that this was said after a heated

argument with the two administrators, whereas her comment could be seen as a derogatory

remark directed at them. This leads me to Connick v. Myers, although not pertaining directly to a

teacher, an attorney working in a public position at the district attorney’s office, was terminated

as she distributed a questionnaire that was considered “disruptive” to the work environment. In

the end the court determined that it was a “matter of private and not public concern, therefore

was a terminable issue.” This relates to the fact that the teacher in our situation possibly directed

her remarks as a negative remark towards the administration, which can cause a rift in the

school’s overall morale.

After examining the court cases and reflection on the situation I believe the court would

stand behind the termination of Ann Griffin. It’s obvious that what she is saying is massively

disruptive to the school’s dynamic, and as stated in Melzer v Bd. Of Educ. Of the City Sch. Dist.

Of the City of N.Y, a teacher should be terminated if the actions they take, or in this case views

they share, cause a conflict in the school itself. It is fair to say that if she has a biased view

towards African-American students, then she should not be teaching them.

 4

References

Ryan, J. M. (1988). Teacher Free Speech in the Public Schools: Just When You Thought It Was

Safe to Talk . . . Nebraska Law Review, 67(3), 695-717. Retrieved September 9, 2017,

from http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1821&context=nlr

Underwood, J.D, Webb, L.D, Upper saddle River, NJ, Columbus OH, School law for teachers,

concepts and applications, Pearson Merril Prentice Hall

Teachers' Rights: Tenure and Dismissal. (2017, January 1). Retrieved September 09, 2017, from

http://education.findlaw.com/teachers-rights/teachers-rights-tenure-and-dismissal.html