Running head: Teachers rights and responsibilities 1

Teachers Rights and Responsibilities

Adrienne Plummer

College of Southern Nevada

Teachers rights and responsibilities 2

Teachers Rights and Responsibilities

In our example, Ann Griffin stated, in a bout of temper, that she hated all black folks

and she was subsequently dismissed from her teaching position. That she said this to two

African-American colleagues, in a school with many students of the same ethnicity, is of

relevance, depending on which perspective you choose. There are a number of issues which

bring about concern over her behavior in making such a comment. Other members of the faculty

heard about what Ann Griffin had said and did not react well, either. As an educator, the ability to

teach all students fairly and justly, as well as the skill to be a role model for their behavior, is a

necessary attribute.

In Melton v. Young (1972), a panel held that the school could reasonably forecast a

substantial disruption and so suspended a student for his conduct. In Ann Griffins case, it is

also reasonable to assume that her conduct would create waves greater than would cause the

faculty to feel upset in response to such an offensive remark. People take behavior such as hers

personally, and it can be perceived that a general outcry would ensue. It should be up to the

school to take steps to remove someone who had now become a threat to the higher functioning

and peace of the institution.

Chaplinsky v. New Hampshire (1942) was a similar scenario, though not in a school

setting, such as with Ann Griffins case, where there were consequences for fighting words

[that] neither contributed to the expression of ideas nor possessed any social value in the search

for truth. Ann Griffin spoke in an inflammatory fashion; the purpose was to express and show

anger towards those with whom she works. In the protection of its students and other faculty

members, it is reasonable that she was dismissed on the grounds that the school could no longer

depend on her abilities to fulfill her duties in the position that she held.
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On the other hand, she had a right to her opinion, and no actual disruption was mentioned

in our example. Mere apprehension of disturbance or an offense given is not enough (Tinker v.

Des Moines School District, 1969). Just because she lashed out verbally while arguing in a

discussion does not guarantee that she would treat her students inappropriately or with

misconduct, or that she had caused a disruption in the school. That is a supposition from her

behavior, but no actual tangible actions had occurred. Projecting an imaginary future scenario,

based out of fear, is not sound judgement. Although, people may find some things offensive, we

still have the First Amendment right to free speech-- so that people would not have to fear

reprisal for adding voice to their thoughts and be punished for them.

A student at Woodbury High School wore a shirt that offended other students. Actual

disturbances were noted in the school environment, such as on-campus fighting and vandalism;

definitive disruptions occurred (Chambers v. Babbitt, 2001). In the end, Judge Donovan W.

Frank held that, unless the school has a reasonable belief that the message will materially and

substantially interfere with the work of the school, it cannot censor a messagemerely because

other(s)find it offensive (2001).

My decision is that the dismissal was the right choice to make. It is unacceptable to have

the kind of view held by Griffin and be in a position of authority-- teaching and guiding

students-- because of the disturbances it would generate. The schools officials had every right

to be concerned with the continuing employment of Ann Griffin. Even more so in a school

setting where she was teaching a mostly black population to which her remark was pointedly

directed. Not only would faculty and staff be emotionally stirred by her words and attitude, but

students and parents would find grounds for complaint as well. Although we are entitled to our

own opinions, having that particular opinion in that particular environment provokes disaster. It
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might inhibit a person with such views to do their job correctly and to treat people with equity.

These infractions would add turbulence to an educational setting that would impede the students

abilities to focus on education. That cannot, and should not, be allowed.

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References

Chaplinsky v. New Hampshire. 315 U.S. 568. (2001).

Melton v. Young, 465 F.2d 1332 (6th Cir. 1972).

Chambers v. Babbitt, 145 F. Supp. 2d 1068 (District of Minnesota, 2001).

Tinker v. Des Moines School District. 393 U.S. 503. (1969).