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Freedom of Speech: Where is the Line in Academics?

Nick M. Bones

College of Southern Nevada

In the current political climate every word you utter can be dissected, analyzed,

and be used to make anyone seem like a monstrous villain. In some instances, this can be to the
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advantage of the world by ousting a horrible closeted bigot, however like everything, there are

two sides to every story. In some cases, a phrase or quote can be dissected with surgeon like

precision and used as a weapon to attack someone that meant no harm. Is this what happened in

the case of Ann Griffin, a Caucasian tenured teacher, at a predominately black high school?

Griffin got into a heated debate with her principal, Freddie Watts, and her assistant

principle, Jimmy Brothers. In the heat of the debate she was quoted as stating that she “hated all

black folks.” The rest of the faculty caught wind of the statements and were appalled that

someone would speak that way. Griffin was dismissed from her position as teacher claiming her

ability to treat the students fairly was compromised and it would influence her competency as a

teacher. So, are the grounds on which she was fired just? And what has happened in other cases

of free speech being challenged in other scholarly situations like this one?

The first case of free speech being challenged by a board of education is one of the most

famous. Pickering v. Board of Education (1968) was a case of free speech of a teacher being

challenged by the school board. The details of the case are slightly different from the case of

griffin, but the basis of the argument can be made all the same. Pickering published a letter to the

editor of his local newspaper criticizing the new tax levy proposed by the school board. He was

promptly fired from his position by the school board. However, when the supreme court

reviewed the case they determined that his comments were of “public concern” which allowed

him, as a citizen, to make the comments fairly and legally. This is slightly different from the case

of Griffin in a few ways, but it is in essence, a teacher getting fired for their words.

In a case more closely related to Griffin’s case, using specifically racially insensitive

language, there is the case of Hardy v. Jefferson Community College (2001). Professor Hardy

gave a lecture on language and social constructivism, specifically speaking on how language can
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be used to marginalize minorities and hold down sects of people in modern society. He used

words such as the “N-word” as an example of a marginalizing word. One of his students

complained to him and his superiors at Jefferson Community College and Hardy was promptly

released from his teaching assignment of that class. Jefferson claimed that he was using his first

amendment right to teach this in the way that he saw most effectively. And the courts agreed with

him, he won the case and his interest of using speech was not outweighed by the college’s

officials. In relation to Griffin’s case this could be an example of her speaking in the heat of the

moment, but it not influencing her teaching as a whole.

On the other hand, there are cases of freedom of speech where the teachers are not so

fortunate as to have the courts on their side. Not everything is protected under freedom of speech

when it comes to teaching. In the early 1970’s there was a case or a teacher discussing the

Vietnam War and the military draft (Hetrick v. Martin, 1973). A Professor, Phyllis Hedrick, spoke

up about her opinions of multiple aspects of the war and her personal life mentioning that she

was an “unwed mother.” When she her contract was up with the school they choose not to renew

it, and she sued saying that it was infringing upon her freedom of speech and her choice to teach

her way. The court sided with the university stating that her teaching style did not protect her

from being reviewed by her superior and it was the university’s choice not to renew her contract.

This is like Griffin’s case because Hetrick also expected her freedom of speech to protect her,

and in this case, she was legally and justifiably removed from her position as a teacher.

Similarly, in a more recent case in Chicago a teacher was also released from his position

as a teacher for use of the “n-word.” Brown v. Chicago Board of Education (2016) is a case that

happened just a few years ago. And Brown was teaching a lesson and caught two kids passing

notes, he read the notes and found that they contained lyrics for a song that contained the “N-
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word.” Brown thought of this as a teachable moment and wanted to teach the class why words

like that can be harmful and hurtful. So, he used the word in his instruction, while attempting to

teach how bad it can be. This lesson backfired, and he was suspended from his position as a

teacher. He took the case to court and his case was decided that the school was within their rights

to release him from his position. He admitted that he used the word as a teacher, and not as a

citizen, which allowed the school board to suspend him and not violate his First Amendment

rights. This case shares a lot of instances with the case against Griffin, and it could be argued that

she is getting the same treatment that Brown received.

All the cases reviewed have one similar thread, the First Amendment. So, where does it

begin and end in the case of Griffin’s case? With the context that we have of the scenario it is

hard to say. We do not know Griffin, or her relationship with the principle or vice principle. She

could have been saying it in jest with them and when it was overheard it was taken out of

context, and the principle had no choice but to release her. But, given the other similar cases of

this nature, I would say that her dismissal was within the rights of the school. The statement she

said was on school grounds while holding the role of a teacher. Therefore, she was saying it as a

teacher and not as a citizen much like in the Brown case, and her use of racially insensitive

remarks was not a teachable moment like in the Hardy case. There is no justification for her to

use such language even in the heat of the moment. Her dismissal from her position was within

the rights of the school.

References

Brown v. Chicago Board of Education (7th Cir. 2016)

Hardy V. Jefferson Community College, 260 F.3D 671 (6th Cir. 2001)

Hetrick v. Martin, 480 F.2d 705 (6th Cir. 1973)

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Pickering v. Board of Education, 391 U.S. 563 (1968)