Teachers And Freedom Of Speech&nbspDiscussion Chapter

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ADDRESSING TEACHER SPEECH

Addressing Teacher Speech

In essence, following employment, teachers in public schools still retain some aspects of their First Amendment rights to free expression despite being public employees. As a matter of fact, the courts have in the past affirmed this position. For instance, in Tinker v. Des Moines Independent Community School District (1969), the court was categorical that it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate (Ross, 2015). It would, however, be prudent to note that the freedom of speech is in this case not absolute.

In the presented scenario, the statement made by the teacher about the principal is not only potentially damaging to her reputation, but also false. It therefore follows that the said teacher could be deviating from the limits of freedom of speech. To a large extent, her comments now border on libel and slander. In instances whereby there is a collision between speech and the rights of other people, or in scenarios whereby there is a real risk of significant disruption to the operations of the institution, then there may be grounds for censoring the teachers freedom of speech. This appears to be one such instance. In as far as disruption to the operations of the institution is concerned, it would be prudent to note that in some instances, protections of the First Amendment have been trumped by the need for order. This was largely the case in Bethel School District v Fraser. Although the case involved a student, it could also be applied to teachers as the context is largely the same and largely relates to the limits to the freedom of speech.

In the present scenario, therefore, there are grounds for either asking the concerned teacher to desist from maligning the name of the principal, or instituting the relevant disciplinary measures in accordance with the rules and standards of the institution.

References

Ross, C.J. (2015). Lessons in Censorship. Harvard University Press.

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