Is Watt justified in his recommending Ann's dismissal? Why or why not? Watt must allow Ann a procedural due process before dismissing her for her actions, "meaning that the state may not deprive any person of life, liberty, or property, without due process of law" (Essex, 2012, p. 203). Watt must also assure that both procedural and substantive requirements are met before dismissing Ann. Even though teachers are protected by the First Amendment they must avoid speech that creates a negative impact on proper discipline and decorum. "Free speech by teachers, however, is limited to the requirement that such speech does not create a material disruption to the educational interest of the school district" (Essex, 2012, p. 204). Watt is justified …show more content…
Why or why not? The principal is not overreacting to Ann's statement because when it happened, nothing was done about it, consequently, after it leaked and caused a negative reaction among colleagues then Watt recommended a dismissal. Watt must also assure that both procedural and substantive requirements are met before dismissing Ann. "School officials may not penalize or otherwise discriminate against teachers for the proper execution of their First Amendment right" (Essex, 2012, p. 218). But even though Ann's statement is protected by the First Amendment she must avoid language that creates a negative impact on proper decorum. Does Ann's statement establish a basis for dismissal? Why or why not? Ann's statement establishes a basis for dismissal because it created a negative impact on proper decorum, especially after it was leaked to the other colleagues causing a negative reaction among the staff. Teachers do not lose their constitutional rights when entering their profession, nevertheless, they should avoid personal attacks and slanderous statements when exercising their freedom of …show more content…
Even though teachers are protected by the First Amendment they must avoid speech that creates a negative impact on decorum. "Free speech by teachers, however, is limited to the requirement that such speech does not create a material disruption to the educational interest of the school district" (Essex, 2012, p. 204). Material disruption "may involve an interference with the rights of others or may involve speech that creates a negative impact on proper school discipline and decorum"(Essex, 2012, p.
This case involves a possible violation of the First amendment by Kay Williams, a counselor at Greene County Tech primary school located in Paragould, Arkansas. Mrs. Williams decorated a bulletin board within the school with a nativity scene and included the phrase, “Happy Birthday Jesus.” According to an article written by Chad Miller of the Paragould Press (2011), the school received several complaints about the display. Miller (2011) further stated that Superintendent Jerry Noble contacted Donn Mixon, the schools attorney, who advised the school against leaving the display up. Steve Barnes writes in his article Controversy in Paragould (2011) that Mrs. Williams was at first told to take the bulletin board down.
In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
COMES NOW R. Mark Armstrong, PG (pro se) (“Plaintiff”), and hereby files a Complaint and Demand for Jury Trial under seal; while it is reviewed by the Department of Justice. The causes of action includes, but are not limited to: 1. Due Process and Equal Protection Clauses 42 U.S.C Section 1983 First Amendment as controlled by Garcetti_v._Ceballos1, the speech the Plaintiff was terminated for was not job required or job related. The Plaintiff spoke of unethical conduct that is basically bribery.
As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).
Stevens wrote "I believe a strong presumption in favor of free expression should apply whenever an issue of this kind is arguable. " In the end the court decided that the school board was correct in order to discipline Fraser about using offensive language in the wrong
I feel as if there may have been more to it than what she said in her trial, but who knows. Maybe she finally had enough of the racism and Dr. Adams and wanted him and everyone else to know it. I can’t help but wonder if this same case happened today, with different people, what the outcome would
¨if a law is unjust, a man is not only right to disobey it, he is obligated to do so.¨-Thomas Jefferson. In the book ¨Nothing But The Truth¨ by Avi, a ninth grader Philip Malloy was suspended for humming the National Anthem in his English class. Margaret Narwin, his English teacher, told him several times to stop, which he eventually did. Was being suspended for humming The National Anthem that necessary?
In order for me to legally defend my recommendation, I have to show her recommendation for dismissal had no underlying connection to the protected activity and it is reasonable under the circumstances. This could be done by providing proof that a reduction in force was needed; as well as, data showing she was the best choice for the
But having total freedom of speech can be good and bad. Some bad things are that people will say lots of negative things. When the students say these negative thing there is nothing the teacher can do because of the students freedom of speech. This is also bad because the students will start to feel
In the beginning of the book, Phillip Malloy was passionate to make it into Harrison school’s track team. He thought that being only good at running would automatically make him into the team, but his grades interfered with his chance at the team. He didn’t make it into the track team because he detested Miss. Narwin’s class and felt the book, The Call of the Wild was useless, so he put the most unnecessary response to an answer of his exam.
Teachers must feel welcomed, valued and safe in their environment. To achieve that end, the
Originating Issue: In the cases of Tinker v. Des Moines Independent Community School Dist. (SCOTUS February 24, 1969), students wore black armbands to school to display their disgust for the Vietnam War. Their efforts were to support the Christmas Truce called for by Senator Robert Kennedy. The principal of the school got wind of the efforts and attempted to put a policy in place about the armbands.
GOSS v. LOPEZ, Supreme Court of the United States, 1975. 419 U.S. 565, 95 S.Ct. 729, 42, L.Ed.2d 725 deals with students that were suspended. The Columbus Ohio Public School System (CPSS) was sued by students. Nine students claimed that they were suspended without being given a hearing before their suspension, or even after their suspensions were over.
In Nat Hentoff essay, “Should This Student Have Been Expelled?” he debates that freedom of speech should be valued no matter how it is taken by others. The one example that pops out to me is the student at Brown University, Dough Hann. He states many offensive things about several people and is expelled because it was not the first time something like this has happened. Freedom of speech is difficult subject that has many different views on it.
Human rights are the rights that a person has for the sake of being human (Donnelly, 2003), these rights are human rights because they only apply to humans. Every human being, regardless of race, religion and gender has a claim these rights. The term right can be interpreted in different ways according to different aspects such as the central moral and the political senses. In the sense of rectitude, the term right refers to as the right thing to do, the entitlement aspect suggests that a right is having a right to do something. Human rights are established by human needs, such as the right to basic health care, it is something that all humans need, and it is up the government to provide basic health care to all human being.