ERIC Number: ED245374
Record Type: RIE
Publication Date: 1983
Reference Count: 0
Substantive Constitutional Rights: The First Amendment and Privacy.
Morris, Arval A.
The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these constitutional rights and also the requirements an employer must meet when seeking to rebut the evidence submitted in the case. The first section covers First Amendment rights of teachers, including a teacher's freedom to speak out, freedom to associate, academic freedom, right to be politically active, and freedom of religion as these are balanced against the state's interest in effective education. The second section reviews cases concerning teachers' constitutional rights to privacy when school administrators and local boards attempt to control teachers' activities outside the classroom and off the school campus. The final section provides guidance on burden of proof in First Amendment and privacy cases. The conclusion provides nine generalizations, based on case law, with respect to the foregoing constitutional issues. (TE)
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: N/A
Identifiers: First Amendment; Fourteenth Amendment; Pickering v Board of Education
Note: Chapter 3 of: Legal Issues in Public School Employment (EA 016 920).