ERIC Number: ED231816
Record Type: Non-Journal
Publication Date: 1983-Mar-10
Reference Count: N/A
Teachers' Rights to Free Speech and Academic Freedom. Issuegram 37.
Lines, Patricia; And Others
Teachers have the same rights as others, under the first amendment, to express their views outside the classroom. Inside the classroom, however, the teacher is obliged to meet the expectations of the job, and this implies reasonable restrictions on the expression of private views. United States Supreme Court cases have reviewed the teacher's right to express views outside the classroom. Only a few lower courts have explored the protection extended to a teacher in the classroom. Most states leave issues involving teachers' first amendment rights and academic freedom to local school or university officials. Specific principles have emerged from Supreme Court decisions on teachers' first amendment rights. Teachers are free to speak out on public issues. Teachers are entitled to constitutional protection of privately expressed views. Teachers have a right to freedom of association. An unsatisfactory teacher may be discharged, so long as the discharge is based upon factors other than the teacher's exercise of first amendment rights. Thirteen lower court decisions from different areas of the United States on teachers' rights are also discussed. (JMK)
Descriptors: Academic Freedom, Civil Liberties, Court Litigation, Elementary Secondary Education, Freedom of Speech, State Courts, Teacher Attitudes, Teacher Behavior, Teacher Discipline, Teacher Dismissal, Teacher Militancy, Teacher Response, Teacher Role, Teaching (Occupation)
Distribution Center, Education Commission of the States, 1860 Lincoln Street, Suite 300, Denver, CO 80295.
Publication Type: Legal/Legislative/Regulatory Materials; Information Analyses
Education Level: N/A
Authoring Institution: Education Commission of the States, Denver, CO.