In Pickering v. BOE, a case demonstrating freedom of expression, the teacher had the right to express their concern over how the BOE was handling public funds. Pickering’s letter did not implicate someone he would need to work with on a daily basis so it didn’t disrupt the harmony of the school or work with his colleagues and he conducted himself in a professional manner. Furthermore, his letter was an opposing opinion to the BOE, not an attack. The court recognizes the right of teachers to participate in debates of public concern; therefore, Pickering’s 1st Amendment rights were violated.
Conversely, in Mt. Healthy v. Doyle, another case demonstrating freedom of expression, Doyle did not conduct himself professionally, and was dismissed with cause even though he was a non-tenured teacher that the BOE could have just not renewed. Since they stated reasons, he was entitled to due process and his call to the radio was a major factor of his nonrenewal so the lower court found that it violated his 1st Amendment rights. However, the Supreme Court reversed that decision based on the other factors that Mr. Doyle had several occasions where he was …show more content…
BOE, another case of academic freedom, this time using appropriate materials, the teacher did not exercise good judgment. She allowed an R rated film with nudity, sexual innuendo, violence, and foul language to be played for non-instructional purposes. Her 1st Amendment rights were not protected because she did not use the movie as an educational tool and exercised lack of judgment and misconduct; therefore, she was not supported by the court and she was