Pickering V. Board Of Education Case Study

798 Words2 Pages
bulb-icon

Recommended: Essay on the freedom of speech

“Pickering v. Board of Education, 391 U.S. 563 (1968)” Clement Bailly Period 8 The Case: “Marvin L.Pickering, a high school science teacher in Illinois wrote a letter published in a newspaper denouncing the board of education's choice of allocating of funding between athletics and academics, he also criticized the superintendent who did not inform the local taxpayers why they were actually paying more for the school. After posting the letter, the high school teacher was fired because the board claimed that he delivered false information that could affect the efficiency of the school administration, it damage the reputation of the board of education and of its superintendent and that it could possibly encourage “controversy, conflict, and dissension” between the school staff "Detrimental to the best interests of the schools"(Findlaw.com, I) . Pickering decided to sue the school for violating his First and Fourteenth Amendment rights to free speech and of equal protection because he claimed that he has the right to free speech and is allowed the same rights as everybody else.“ The Problem: After being fired Pickering sued the board of education for the right of free speech granted by the first Amendment and the right to equal protection meaning that he has the right to express himself publicly if he wishes and he has the same rights as everybody else in any conditions. Even though he had the right to free speech, the lower court concluded that as a public employe he has to to abstain himself from making comments about the school. Pickering then protected himself using the 14th Amendment by saying that he is allowed the same rights as everybody (equal rights) under any condition. Holdings of Board of Education for Protectio... ... middle of paper ... ...f proofs of false statement made by Pickering, the High School teacher had the right to express his opinion publicly about issues that he considered as important to the society. Because no abuse or offense had been made in the letter, he could not be fired. No punishment could be placed by the S.C because it required more proceeding. Work Cited Page: "Pickering v. Board of Education - 391 U.S. 563 (1968)." Justia US Supreme Court Center. N.p., n.d. Web. 23 Feb. 2014. "Pickering v. Board of Education 391 U.S. 563, 88 S. Ct. 1731 (1968)." Pickering v. Board of Education 391 U.S. 563, 88 S. Ct. 1731 (1968). N.p., n.d. Web. 23 Feb. 2014. "FindLaw | Cases and Codes." FindLaw | Cases and Codes. N.p., n.d. Web. 23 Feb. 2014. "First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five Freedoms - Court Case. N.p., n.d. Web. 23 Feb. 2014.

Show More
Related

  • Hazelwood East High School Case Summary

    582 Words  | 2 Pages

    At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. On May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. The article on divorce featured a student who blamed her father’s actions for her parents’ divorce. The following article featured students at Hazelwood East and their experiences as teen parents in high school. Reynolds immediately asked for the two articles to be withheld from that weeks edition. Reynolds had concluded fairness required the father in the divorce article to be informed of the article and given the chance to make any comments. He also stated that changing the names of the girls in the teen pregnancy article may not be sufficient enough to keep them unidentified. Also, the topic is not suitable for younger students. As a result he forbid the two articles from being published. On October 13, 1987 Cathy Kuhlmeier (a student at Hazelwood East High) claimed that Hazelwood East High School was violating her First Amendment rights, and her case was

    Read More

  • Island Tree School District vs. Pico Benjamin Waldman Civics/4B 1/12/14

    972 Words  | 2 Pages

    http://www.firstamendmentschools.org/freedoms/case.aspx?id=41>. . N. p.. Web. The Web. The Web. 14 Jan 2014.

    Read More

  • Bethel School District vs. Fraser

    539 Words  | 2 Pages

    Matthew's father appealed the school district's actions on behalf of his son to the federal district court. He alleged a violation of his First Amendment right to freedom of speech and sought both injunctive relief and monetary damages. The District Court held that the school's sanctions violated respondent's right to freedom of speech under the First Amendment to the United States Constitution, that the school's disruptive-conduct rule is unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the disciplinary rule makes no mention of such removal as a possible sanction.

    Read More

  • Hazelwood Vs. Kuhlmeier Case Study

    1618 Words  | 4 Pages

    Everyone in America, from adults to students have freedom of speech. This freedom is provided by the first amendment. In the case Hazelwood v. Kuhlmeier, students fights for the freedom of speech in their school newspaper. One side of the case was three students who thought their free speech was violated and the other side was the principal defending the school. After the court's decision, this case had a big impact on the school and many other people. Hazelwood v. Kuhlmeier talks about students not giving up their freedom of speech in a school setting.

    Read More

  • Jackson V. Birmingham Board Of Education Case Study

    933 Words  | 2 Pages

    Board of Education (1954). In the Constitution it?s found in the 14th Amendment, Equal Protection Clause, which prohibits any state from denying equal rights to any person and equal protection of the laws. In a 5-4 decision, delivered by Justice Sandra Day O?Conner they argued that under Title IX Jackson had the right to pursue his case in court (Chicago-Kent College of Law, 2015c). The majority was lead to believe and ruled that it was intentional retaliation of the Birmingham Board of Education to fire Jackson from his position in the school (Mahon, 2015). Concurring opinion was stated by O?Connor and the dissenting opinions were stated by Thomas (Jackson v. Birmingham Board of Education,

    Read More

  • Bethel School District Vs. Fraser

    722 Words  | 2 Pages

    Fraser's father brought action against the school board in the United States District Court for the Western District of Washington. He alleged the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies.

    Read More

  • Supreme Court Case: Tinker V. Des Moines Independent Community School District

    550 Words  | 2 Pages

    "Summary of the Decision." Landmark Cases Of The U.S Supreme Court. Street Law, Inc, n.d. Web. 1 Nov. 2013. .

    Read More

  • Urban V. Jefferson County School District Case Summary

    1065 Words  | 3 Pages

    Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)

    Read More

  • Board Of Education V. Foster Case Study

    1133 Words  | 3 Pages

    Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment

    Read More

  • Terminiello v. Chicago

    573 Words  | 2 Pages

    Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.

    Read More

  • First Amendment Rights of Public School Students

    1088 Words  | 3 Pages

    The case specifics involve a student who made a provocative speech to the school body and received a three-day suspension. The schools yet again where given the right to violate his first amendment rights by not letting him give the speech which is not justifiable because the first amendment is supposed to give him all the rights that would allow him to make that speech. One huge case that involves vast majority of most students is the case named Board of Education of Independent School District #92 of Pottawatomie County v. Earls 2002.

    Read More

  • Persuasive Essay On The First Amendment

    1303 Words  | 3 Pages

    There have been many cases where exceptions have been made over the first amendment, such as in the Tinker vs. Des Moines Community School District Case. Teenagers by the name of Christopher Eckhardt and Mary Beth Tinker had planned to wear black armbands to their school to show their support for a truce in the Vietnam War. When word reached the principle, of Christopher and Mary Beth’s plan to arrive with the black armbands, the principal created a policy stating that, “any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension.” (The Oyez Project). After being kicked out of school, Tinker’s parents sued them but their case was dismissed due to the fact that the first amendment does not grant one the right to express their opinion at any place nor at any time. Another official claimed that the first amendment is not fully guaranteed to children. While the first amendment may be a boon to the United States, it is not always just. There are limitations, and conditions surrounding the first amendment and our freedom of speech. In Tinker’s case, her armband was seen as disruptive, and distracting to other students, justifying the school’s actions against the student of suspending and eventually expelling

    Read More

  • Brown v Board of Education

    2329 Words  | 5 Pages

    The National Center For Public Research. “Brown v Board of Education, 347 U.S. 483 (1954) (USSC+).” Supreme Court of The United States. 1982 .

    Read More

  • March on Washington for Jobs and Freedom of 1963

    1253 Words  | 3 Pages

    ... Brown v. Board of Education. n.d. 8 May 2014 http://www.pbs.org/jefferson/enlight/brown.htm>. History:

    Read More

  • Tinker v. Des Mointes School District

    623 Words  | 2 Pages

    ...o school. The dissenting opinion simply argued that freedom of speech is not to be used as a disturbance. Therefore, those students’ right to expression or speech was not violated because it interfered with the classroom’s learning. There is a time and place for everything, and freedom of speech should not be used everywhere.

    Read More

More about Pickering V. Board Of Education Case Study

Open Document