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ERIC Number: ED473367
Record Type: Non-Journal
Publication Date: 2002-Nov
Pages: 13
Abstractor: N/A
Reference Count: N/A
Examining the Present and the Future of Legal Protections for Controversial Teaching in Public Schools.
Welner, Kevin
Classroom speech of public-school teachers is a messy subject with regard to the tension between various societal demands and basic rights of students, teachers, and others at school sites. The demands are not always consistent, and rights are subject to different interpretations depending on which court decision forms the underlying basis for a trial's outcome. This paper analyzes the apparent confusion surrounding this issue of controversial pedagogy. The balancing of rights is discussed with respect to court cases in which the integrity of curriculum and concerns of public interest weaken or eliminate teachers' First Amendment protections. School choice affects teacher speech in a variety of ways because policy-making is decentralized, and greater importance is placed on students' and parents' decisions about what sort of educational experiences produce best results. An analytical framework of more comprehensive scope is needed in addressing these cases involving the notion of a limited public forum. At this time, the Supreme Court has not applied public-forum analysis to a teacher classroom-speech case. It may do so, however, if presented with the appropriate case. Because relevant policies vary from school to school, each instance of classroom speech must be judged on its own merits. (RT)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A