Running Head: PORTFOLIO ARTIFACT #2 1

Teachers Rights and Responsibilities

Cecilia Noorda

College of Southern Nevada

TEACHERS RIGHTS AND RESPONSIBILITIES 2

As educators, we are expected to show our students the path of success and help them

walk down the correct path. We are expected to give all of our students a fair and equal

education. We are to show them love, kindness, and compassion. Teachers have their rights, just

like everyone else. However, what happens when a teacher doesn’t meet the standards that one is

held at? For example, what would the court rule in the following case concerning Ann Griffin, a

teacher that spoke out a heavily weighed statement? Ann Griffin, a white teacher, stated that she

“hated all black folks” during a heated argument with her principle, Freddie Watts, and vice

principle, Jimmy Brothers. When the faculty and staff, both black and white, heard what she had

said, negative reactions arose. Watts recommended dismissal based on the concerns regarding

her ability to treat all her students fairly, as well as concerns for her judgement and competency

as a teacher. Looking back at old court cases will help the court decided on whether Ann Griffin

will be dismissed or not.

If the court decided to rule in favor of Griffin, they may look at the cases of Tinker V.

Des Moines Independent School District (1969) and Pickering V. Board of Education (1968). In

the case of Tinker V. Des Moines, students at a school in Iowa decided to wear black armbands to

school to protest the Vietnam War. The school administrators heard about this and banned

wearing the armbands, which resulted in the suspension of students who continued to wear them.

The students and parents of said students sued the school district, claiming that the school took

away their freedom of speech and freedom of expression. This case made it to the Supreme

Court, where they ruled in favor of the students. The court ultimately ruled that students and

teachers don’t shed their constitutional rights to freedom of speech and expression at the

schoolhouse. If the court looked at this case, they would claim that Griffin had the right to free

speech, even if Watts and Brothers didn’t agree with her.

TEACHERS RIGHTS AND RESPONSIBILITIES 3

The court may also look at Pickering V. Board of Education (1968) when ruling on this

case. In Pickering V. Board of Education, Marvin Pickering, a school teacher, wrote a letter of

complaint to Lockport Herald. In this complaint, he wrote about how a school board proposal

was recently defeated to increase school taxes, and he felt like the school board was favoring the

funding of the school to the athletic department over the academics. The school board felt that

the letter was “detrimental to the efficient operation and administration of the schools” and

decided on terminating Pickering’s position as an educator. Pickering sued the Circuit Court of

Will County under the allegations that his letter should be protected under the First Amendment.

The court ruled in favor of Pickering, and he kept his job. If the court looked at this case as an

example to rule Griffins, they would most likely rule in favor of her. Ruling in favor of her

would be under the allegations that while Griffin spoke controversially and possibly out of line,

she is still protected under the first amendment.

On the other hand, the court may end up ruling against Griffin, and favor the decision of

her dismissal. Two cases they may look at to use as an example is Adler V. Board of Education

(1952) and Bethel School District No. 403 V. Fraser (1986). In the case of Adler V. Board of

Education (1952)., Adler revealed that she was a part of a communist group. When the school

she taught at found out, she was fired. She brought it up to the Board of Education, but the

Supreme Court ruled against her. The court ruled this way because they felt that her associations

with a communist group would affect the way she taught her students in the classroom. There

was some skepticism that this would be taking away Adler’s first amendment right. However, the

Court responded by saying that Adler was not denied her rights, the school just has the right to

make sure that a teacher does not “pollute” the student’s minds. In this case, Griffin would lose
TEACHERS RIGHTS AND RESPONSIBILITIES 4

her position because she chose her opinion of her work position, therefore negatively influencing

her students.

Similarly, if the court were to look at the case of Bethel School District No. 403 V.

Fraser, they may also decide to rule against Griffin. In this case, student Matthew Fraser made a

speech nominating one of his fellow students for a position in his school’s office. During the

speech, Fraser reportedly used a graphic sexual metaphor to promote his classmate for office.

Fraser was suspended for two days for use of the explicit and vulgar language. Fraser tried to sue

the school claiming they were prohibiting him from his first amendment right. However, the

court ultimately ruled against Fraser. The court found it was in the school’s jurisdiction to

prohibit the use of explicit and vulgar language. Therefore, the court could rule against Griffin

using this case, as it is in the school’s jurisdiction to punish or prohibit Griffins use of vulgar or

offensive language, “hate all black folks”.

Overall, with the help of Bethel School District No. 403 V. Fraser and Adler V. Board of

Education (1952), I believe that the court would rule against Griffin, and she would ultimately be

terminated from her position as an educator. Just like in Bethel School District No. 403 V.

Fraser, Griffin can be punished for speaking out just like the student was. It’s within the schools

right to do so as it’s not a violation of their first amendment right. In Adler V. Board of

Education, the teacher was associated with a communist group, and the school was worried that

it would affect how she treats her students or how she influences them. Just like Griffin, she

could also negatively influence her students or possibly even treat them unfairly by having a

certain mindset or point of view. In conclusion, I think Griffin should be punished for saying that

she “hates all black folks.”

TEACHERS RIGHTS AND RESPONSIBILITIES 5

References

Adler v. Board of Education of City of New York. (n.d.). Retrieved January 24, 2018, from

https://www.law.cornell.edu/supremecourt/text/342/485

Bethel School District No. 403 v. Fraser. (n.d.). Oyez. Retrieved January 21, 2018, from

https://www.oyez.org/cases/1985/84-1667

Pickering v. Board of Education. (n.d.). Oyez. Retrieved January 20, 2018, from

https://www.oyez.org/cases/1967/510

Tinker v. Des Moines Independent Community School District. (n.d.). Oyez. Retrieved January

20, 2018, from https://www.oyez.org/cases/1968/21