Teacher free speech rights greatly limited

topic posted Tue, May 15, 2007 - 1:40 PM by  Jon
www.sfgate.com/cgi-bin/article.cgi

A public school teacher when asked by a student in class if she was going to be in any anti-war rallies replied "I honk for peace." As in honking when she sees a protest sign saying "honk if you want peace".

For this she was fired by the school principle and school district.

The court ruled recently that the firing was justified. Ruling that school teachers have greatly reduced rights to personal free speech while in class.
posted by:
Jon
offline Jon
SF Bay Area
  • I am frequently surprised at how poorly most people understand their most fundamental of Constitutional rights.

    A Public or Private School is a "LIMITED FORUM" for free speech considerations. Limited Forum means exactly what it sounds like. The limitations imposed on speech are established by the purpose for which the school exists. Speech not conforming to that purpose may be regulated without invoking any Constitutional problems.

    Of course that leaves open the question of whose interpretation of how best to facilitate the school's purpose is the applicable one and most courts defer to the school administration or board.


    There are also Constitutionally proper regulations and limitations on speech called "TIME PLACE and MANNER." And again this involves the issue of what kind of "forum" is in question. Public Parks and public streets are traditionally "Open Forums." However Not all streets are "open forums." Neighborhood streets are not open forums and the protesters around the Abortion Doctor's home can be ordered to leave at some time in the evening and not to return until some hour of the morning.

    The internet, interestingly, benefits from absolutely ZERO freedom of speech protections. No civil rights issues inhere at all so say the Federal courts.