Artifact #2 Teachers Rights and Responsibilities Dukes 1

Artifact #2

Teachers Right and Responsibilities

Tiffany Dukes

College of Southern Nevada

September 9, 2017
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Ann Griffin was up for dismissal from school because of her choice in slanderous and

discriminatory comments about a group of students that she directly works with daily. Ann

Griffin, a white tenured teacher, teaching at a predominantly African American school, Stepped

beyond her First Amendment rights when she said she hated all black folks. Fortunately, the

courts have many previous cases that will help to determine the fate of and Griffin. Although,

Ann felt as if her freedom of expression was stripped, due to the fact that because of her

comment she was no longer seen as an appropriate educator at the school. Either way Watts

felt as if Anns decision to voice her opinion on personal attacks with regards students race in

such a manner overrode her constitutional right.

Tinker V Des Moines Independent school district (1969) and Garcetti V. Ceballos, 547

U.S. 410 (2006) are just two examples of cases that would not favor and favor both sides of

Griffith ensuring Ann remain in her current position and upholding her licensure. Mary Beth

Tinker and Chris Eckhardt, in Tinker vs. Des Moines Independent School District Court case,

where three students voiced their freedom of speech by wearing black armbands to school in

protest of the ongoing Vietnam War. However, Once the faculty caught wind of the current

situation they were asked to remove their armbands or they would be suspended.

Moreover, the parents of these students decided to fight back. Taking this case all the

way to the Supreme Court, who ruled against the school stating that the rights of freedom of

speech and expression are not shed once these students enter the schoolhouse gates. If the

courts were to define this case and Anne's situation they would be able to argue that public

school teachers do not relinquish their rights as a condition of accepting an appointed position in

the public schools. Thus, allowing Ann To remain teaching in her current position ultimately

voiding her derogatory comment.

Unfortunately, the courts would have Garcetti V. Ceballos, 547 U.S. 410 (2016) case

which was upheld in the US Supreme Court's decision involving the First amendment free

speech protections for government employees. This case would help them defend against the
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ruling to keep Ann Griffin employed and ultimately stripping her of her licensure. In Garcetti vs.

Ceballos, the courts argued that no one is a teacher or educator, But they are public

employees, employed by the school district. Richard Ceballos, an employee of the Los Angeles

district attorney's office Voiced his freedom of speech under the First Amendment after finding

out that a sheriff had wrongfully represented the facts in an affidavit. Soon after his rights were

relinquished and he was released from his position.

However, the court's first needed to determine if they indeed had grounds for the

dismissal of Ceballos, arguing that the employee did not have the right to speak as a citizen

within public concerns. Thus, ruling against the protection by the First Amendment, because it

occurred in a memorandum to his supervisors as part of his job. Obviously, this case would

oppose Griffins right of freedom of speech and expression, stating her opinion as an individual

citizen when she stated that she hated all black folks and not that all teachers or educators

hate all black folks if the courts felt she was only speaking on her half Ann would stand to

remain employed.

On the other hand, there are also several cases that would oppose Ann Griffin and side

with both Freddie Watts and Jimmy brothers, arguing that Ann should be dismissed. In both,

Adler V. Board of Education of City of New York (1952) and Anderson V. Evans (1981), the

courts sided against educators arguing they over-stepped beyond the scope of their standards and

was fired. The civil service law of New York, prohibits any employee of the public schools to be

a part of an organization which advocates overthrowing of the government by force, violence or

any unlawful means. It was determined that Alder was a part of a Communist group, questioning

whether or not her association would affect her ability to educate appropriately in the classroom.

Supreme Court ruled against Alder denying her the right of free speech, Ultimately leading to her

dismissal. Alders case is Similar to Griffin's where the courts may side against Ann, arguing that

she may sway the thoughts of children using her opinions of a particular race group.
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Then there is the case of Anderson vs. Evans (1981), similar to Ann Griffins case Evelyn

Anderson a white tenured teacher with the majority of her school being African Americans. Just

like Ann, Evelyn was dismissed from her position as an educator. This came after an incident

involving her daughter, in which she was assaulted and robbed by some black men. Anderson is

thought to have become racist against her African American students and even firing her

assistant for being black following this incident. Evelyn was eventually fired. The courts

determined that a balance must be struck between the interest of the employee as an individual

and public interest served by the employer, in order to justify dismissing Evelyn. Unfortunately,

because this case is so much like Ann Griffin case the courts would argue the same argument

stating that Anns comments were based on individualized interests and not of public interest,

eventually relinquishing her of her educator's position.

Ann Griffin has the right to have her own feelings toward particular situations, but she

does not have the right to voice her opinion when she was clearly aware of her surroundings.

Griffin knew the school she taught at was of predominantly African American, Watts did not over

react at all, he felt dismissing Griffin was in the best for not only the students but also the staff

members of his school. If the courts were to base the case on Anderson V. Evans, Ann Griffin

would be tried just as Evelyn and would be terminated.

References

Adler v. Board of Education of City of New York 342 U.S. 485 (1952)." Encyclopedia of the
American Constitution. . Retrieved September 08, 2017 from Encyclopedia.com:
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http://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/adler-v-
board-education-city-new-york-342-us-485-1952

Dimand, R. W., Dimand, M. A., & Forget, E. L. (2000). A Biographical Dictionary of Women
Economists. Cheltenham, UK: Edward Elgar Publishing

Flynn, C. (2013). Policeman, Citizen, or Both? A Civilian Analogue Exception to Garcetti v. Ceballos.
Michigan Law Review, 111(5), 759-787. Retrieved from http://www.jstor.org/stable/23812652

Hudson, D. L., Jr. (2009). Tinker v. Des Moines Independent Community School District (1969).
In J. R. Vile, D. L. Hudson, Jr., & D. Schultz (Eds.), Encyclopedia of the First Amendment (Vol.
2, pp. 1072-1073). Washington, DC: CQ Press. Retrieved from
http://go.galegroup.com.ezproxy.library.csn.edu/ps/i.do?p=GVRL&sw=w&u=las55353&v=2.1&
it=r&id=GALE%7CCX2143301282&sid=summon&asid=7b54b8bb7f4f990f1db27ff65b1c7ec7