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Chapter 15—Teacher Rights and
Freedoms
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The legal relationship between the teacher and
school board is based on:
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The constitutional rights and freedoms of the teacher
as a citizen
The statutory relationships that govern the conduct of
the public schools
The contractual conditions of employment
Chapter 15—Teacher Rights and
Freedoms
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The source of rights . . .
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The Constitution delegated powers but did not state
what rights and freedoms were retained by the
people (Bill of Rights)
1st Amendment—freedom of speech, expression,
association, and religion
Academic freedom
Chapter 15—Teacher Rights and
Freedoms
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What is it about the government’s role as an
employer that gives it a freer hand in regulating
speech of its employees than it has in regulating
the speech of the public at large?
Chapter 15—Teacher Rights and
Freedoms
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1st Amendment (cont.)
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Not as unrestrained as persons in public employment
Speech that interferes with the conduct of the school
The gov’t cannot restrict the speech of the public at
large just in the name of efficiency.
BUT, where the gov’t is employing someone for the
very purpose of effectively achieving its goals, such
restrictions can be permissible
Chapter 15—Teacher Rights and
Freedoms
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The Pickering Case
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The problem in any case is to arrive at a balance
between the interests of the teacher, as a citizen, in
commenting upon matters of public concern and the
interests of the state, as an employer, in promoting
the efficiency of the public services it performs
through its employees
Chapter 15—Teacher Rights and
Freedoms
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Questions:
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What is a matter of public concern?
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Under what conditions is a teacher speaking as a
citizen?
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Upon what do we base the “balance of interest”
(nexus)?
Chapter 15—Teacher Rights and
Freedoms
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Privacy is a fundamental right
Requires compelling state interest
Workplace defined
Teacher workplace searches (TLO)
Mental and physical examinations
Drug testing and suspicionless searches