Preview

Marvin Pickering Case Summary

Good Essays
Open Document
Open Document
726 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Marvin Pickering Case Summary
Marvin Pickering was a high school science teacher from Will County, Illinois who was fired by the Board of Education for writing a letter to the editor. The letter was published in a local newspaper and contained many negative and inflammatory statements toward the school board regarding their use of taxpayer’s money. Specifically, Pickering was upset about the use of bond money to athletic programs, instead of fixing facilities and paying teachers. The Board of Education concluded that Pickering’s letter was “detrimental to the efficient operation and administration of the schools of the district” (Essex, 2012). Pickering argued that being fired for writing a letter as a private citizen violated both his First and Fourteenth Amendment rights to Free Speech and Due Process under the U.S. Constitution.

The Decision After the Board of Education fired Marvin Pickering, he appealed to the circuit court in Will County, Illinois and they rejected his appeal and ruled in favor on the Board of Education. Pickering appealed again to the State Supreme Court of Illinois and they too held for the Board of
…show more content…
However, this protection is not without limits. There is still a professional duty to protect confidentiality and not cause disruption to the operation of a school. Basically, teachers do not have carte blanche freedom of speech if it can be proven to be or create a substantial disturbance within the school community. Because Pickering was able to show the court that he thought his statements were true, I believe there seemed to be a lack of malice on his part. The Board of Education asserted at every level of the court system that his statements were unjustified, and damaged the reputations of its members (Essex, 2012). I agree with the decision and think the case lacked the evidence that his words even if untrue or unfounded really affected students and school as a

You May Also Find These Documents Helpful

  • Good Essays

    Mr. Hamilton Case Summary

    • 430 Words
    • 2 Pages

    SUBJECTIVE Mr. Hamilton was readmitted to MCCRC on 03/02 and seen on 03/05/2018. Mr. Hamilton had been here after a motor vehicle accident, leaving here with fractured ribs, pneumonitis, fractured sternal, and a complicated right acetabular hip fracture. He recuperated and was able to return home on analgesics. He was on amiodarone, Lasix, metformin, and glimepiride for his diabetes. He did not check his blood sugar, although I had advised him to do so.…

    • 430 Words
    • 2 Pages
    Good Essays
  • Good Essays

    D Louis Abood Case Study

    • 342 Words
    • 2 Pages

    Moving to the future, in the year 1976 a man by the name D. Louis Abood brought forth a case against the Detroit Board of Education to the Supreme Court. This case was originally brought to court on the grounds that “the public school teachers in Detroit wanted to overturn the requirement that they pay fees equivalent to union does on the ground that they opposed public sector collective bargaining and objected to the political activities of the union.” The court found that “non-members may be assessed dues for collective bargaining, contract administration, and grievance adjustment purposes.” The court made its decision based on the facts of the previous case of International Association of Machinists v. Street, as well as other cases heard…

    • 342 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Bethel V Fraser

    • 663 Words
    • 3 Pages

    On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…

    • 663 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Should a principal or other school authority be able to silence other forms of student speech? If so, under what conditions? How does speech by an individual student differ from speech by the school newspaper?…

    • 709 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    I, _______, agree that school officials should be able to remove student publications when they believe material is unsuitable for younger students, or for reasons it could possibly disrupt the educational curriculum. If students are allowed "freedom of speech" other students could be slandered indirectly such as what occured in this case or fights may ensue due to disagreements. Yes, we as Americans have rights to speak our minds freely, but most students are minors and are under the supervision of the school. The school has the right to control what is allowed within its walls and must moniter students' doings in order to ensure the safety and eduaction of all students.…

    • 254 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The case was between Hosanna-Tabor Lutheran Church and School against Equal Employment opportunity commission. The church ran school that offered Christ centered education. One of their employees was Cheryl Perich who taught both secular and religious subjects. She began working for the school in 1999 and was committed to giving quality services in her education and leading prayers. In 2004, she suffered a certain condition known as Narcolepsy and she had to quit teaching on a disability leave. In 2005, she notified the principal that she could resume her duties on February that year after the doctors had cleared her of her condition. The principal informed her that she had to wait a little longer because she had been replaced. She was angry and threatened to sue the school, which led to her firing.…

    • 642 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Hazelmeier Case Summary

    • 1304 Words
    • 6 Pages

    It was simple to me. The school newspaper is about representing the whole school, not individual students themselves. Both sides could agree that the students were presenting their own views, but then this is where the sides start to split. The minority believed that since the students were expressing their own views, that the Tinker standard should apply. But, this was not applied because the students are not suppose to use the school newspaper as a public forum for discussion. The school newspaper is suppose to represent the whole school, and not just those writers. Therefore, the principal was doing nothing wrong by restricting the student’s rights when he censored and prevented the release of the articles in the…

    • 1304 Words
    • 6 Pages
    Good Essays
  • Good Essays

    At the beginning of the school board meeting, the changing of the curriculum at Fellows Elementary School was debated. A woman with a son that’s in Mrs. Francos’ 1st grade class at Fellows Elementary School spoke to the board about a pilot program. She shared her passionate grievances about five different tests that were given to her son and her son's class only. Another woman with three children at Fellows, claimed that her son was being discriminated against. Mrs. Francos’ class was the only class that was required to take the pilot. This included three different literacy programs. This woman went as far as to threaten taking her son out of Mrs. Francos’ class and putting him to another class.…

    • 594 Words
    • 3 Pages
    Good Essays
  • Good Essays

    At times in schools, there could be disagreements and disputes between the decisions of government and the rights of individuals. Students attend school in order to become well-educated young adults. The schoolteacher’s main objective is to make sure that students are receiving the maximum amount of learning to prepare them for future endeavors. Schools educate students on citizenship and what it means to live in a democracy. Public schools are under the Bill of Rights and the Fourteenth Amendment, which gives citizens protection of their individual liberties from governmental interference. Public school officials must obey the demands of the Constitution. The Supreme Court ruled in the 1943 case West Virginia State Board of Education v. Barnette…

    • 1428 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Garner Vo-Tech Case Study

    • 1706 Words
    • 7 Pages

    Schools may regulate student speech that results in a material and substantial disruption within the school. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 509, 513 (1969). Garner Vo-Tech must show either that there was an actual disruption within the school or that officials reasonably anticipated a material and substantial disruption was likely to occur. Alternatively, the Court could expand the exception found in Morse that waives the disruption requirement and include speech that calls for the bullying and harassment of a specific student. Morse v. Fredrick, 551 U.S. 393, 407 (2007).…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Des Moines court case was written by Justice Abe Fortas. Its contents contribute to the ideas of those who believe certain kinds of speech should not be prohibited within an educational setting. In this majority opinion statement, Justice Abe Fortas reveals that there is an “absence of a specific showing of constitutionally valid reasons to regulate [students’] speech” (Tinker v. Des Moines Independent Community School District by Justice Abe Fortas par. 9). Because of this absence of reason, students should be allowed to express their opinions and views on topics of their choice. Justice Abe Fortas justifies his statement by referencing another court case that says “school officials cannot suppress ‘expressions of feelings with which they do not wish to contend’ Burnside v. Byars, supra, at 749” (par. 9).…

    • 840 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Franklin V Gwinnett

    • 436 Words
    • 2 Pages

    On February 26th,1992, Franklin took the problem to the Federal District Court under the Title IX of the Education Amendments of 1972. Title IX gives students protection against having natural rights violated while in school. Because of that, Franklin requested that monetary restitution be paid for the abuse and harassment during school. The district court decided to drop the case, because Title IX does not authorize a “monetary” reward for damages. Franklin didn’t stop there. She took her case to the United States Supreme Court, and asked for an appeal, saying that she was in fact, entitled to monetary restitution from the school district. The U.S Supreme Court ruled, that Franklin was right. They also referenced similar cases like “Cannon V. University of Chicago” and “Marbury V. Madison”. In both cases, Title IX was enforceable, and further used to expand the limitations and boundaries on what all your entitled to under Title IX. But this case also raised another question. Why did the school board not take immediate actions to help Franklin? They did no investigations when it was first alleged that Hill was sexually harassing Franklin, and then ended up taking Hill up on his offer to resign and not press…

    • 436 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The First Amendment of the United States is part of the Bill of Rights. The amendment prohibits the making of laws respecting an establishment of religion, the exercise of religion, freedom of speech, freedom of press, right to peaceably assemble, or petitioning for a government redress of grievances.…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The Amendment Process

    • 1033 Words
    • 5 Pages

    Currently, the Constitution has twenty-seven amendments; of those only the first ten were ratified simultaneously, the rest were separate. These Amendments were all created by the only two methods allowed; either Amendments may be proposed by a two-thirds vote in both houses of Congress or the legislatures of two-thirds of the states may call for a national convention to propose and discuss amendments. After the discussions, and before proposed amendments become part of the Constitution, they must be approved by three-fourths of the states, either by direct state legislature approval or by ratifying conventions. Only the 21st Amendment was ratified by an individual ratifying convention, the others were ratified by the state legislatures (Tawney, 2012).…

    • 1033 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Academic Freedom

    • 3516 Words
    • 12 Pages

    Academic freedom is a contested issue and, therefore, has limitations in practice. In the United States, for example, according to the widely recognized "1940 Statement on Academic Freedom and Tenure",[1] teachers should be careful to avoid controversial matter that is unrelated to the subject. When they speak or write in public, they are free to express their opinions without fear from institutional censorship or discipline, but they should show restraint and clearly indicate that they are not speaking for their institution.[citation needed] Academic tenure protects academic freedom by ensuring that teachers can be fired only for causes such as gross professional incompetence or behavior that evokes condemnation from the academic community itself.…

    • 3516 Words
    • 12 Pages
    Powerful Essays