Running head: FREEDOM OF SPEECH VS.

WORK ENVIRONMENT 1

Freedom of Speech Versus Effective Work Environments

Olivia M. Norman

College of Southern Nevada

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Freedom of Speech Versus Effective Work Environments

Ms. Griffins words were shocking and insulting. It would be easy to simply dismiss her

for her inexcusable comments. However, the real work comes from determining if stating your

hatred toward a majority population, or even a small portion of the schools population, is indeed

grounds for dismissal. In the case of Griffin, the question remains, is a teacher legally allowed to

express that hatred verbally and what repercussions can she face?

While Tinker v. Des Moines School Dist. is most known for setting the bar for the

Freedoms of Speech afforded to students, it can also encompass the rights of teachers. Justice

Abe Fortas explains that It can hardly be argued that either students or teachers shed their

constitutional rights to freedom of speech or expression at the schoolhouse gate (Tinker v. Des

Moines, 1969). Ms. Griffin was within her rights to express her thoughts without fear of

dismissal. Every citizen is protected, under the First Amendment, to express their opinions.

Furthermore, it does not appear as though Ms. Griffin was given proper due process as is

her right as a teacher with tenure. Griffin was stripped of this right when she was dismissed

without a fair hearing. As was determined in the case Clark v. Board of Education, A

fundamental requirement of due process is a fair and impartial trial. A neutral and detached

judiciary is imperative to ensure procedural fairness to individual litigantsand to preserve public

confidence in the integrity of the judicial process (Clark v. Board of Education, 2001). In this

case a teacher, Clark, was dismissed from her school without receiving a fair hearing. Griffin

was also not afforded a fair a hearing and the superiors who dismissed her from the school were

certainly not impartial.

Pickering v. Board of Education set a precedent for freedom of speech in the workplace

and most specifically in schools. While it was found that employees, or teachers, do certainly
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have the right to freedom of speech, there are limitations. The Court further held that unless the

public expression undermines the effectiveness of the working relationship between the teacher

and the teachers superior or coworkers, the teachers ability to perform assigned duties, or the

orderly operation of the schools, such expression may not furnish grounds for reprisal

(Underwood & Webb, 2006). Griffin, however, demonstrates the exception to the rights that fall

under First Amendment protection. She most definitely damaged the working relationship with

her superiors and coworkers. Furthermore, it is expected that teachers will evaluate their students

free from prejudges. By admitting that she hated the largest demographic in her school, she is

admitting that her ability to grade the students fairly has been severely compromised.

In the case of Richerson v. Beckon, Richerson was transferred after publicly blogging

several highly personal and vituperative comments about her employers, union representatives,

and fellow teachers (Richerson v. Beckon, 2009). It was determined that she had fatally

undermined her ability to enter into trusting relationships (Richerson v. Beckon, 2009) with co-

workers. Griffins comments similarly and permanently impaired her working relationship with

her co-workers and students. It is reasonable to expect that both teachers and students would no

longer be comfortable working with her after admitting that she hated all black folks. Clearly,

students would feel as though they were treated unfairly because she admittedly hated them.

Although Ms. Griffins comment was deplorable, and the school would certainly have

grounds for dismissal, they did not chose the correct path for dismissal. Had they let her go for

failure to create a positive and effective work environment, I feel that they could have won their

case. However, dismissing her on the basis of her competency was not properly proven in this

instance. Unfortunately, Griffin, with proper counsel, could most likely keep her position as a

teacher within her district.

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References

Clark v. Board of Education of Independent School District No 89, P.2d, (2001). Retrieved from

http://caselaw.findlaw.com/ok-supreme-court/1368960.html

Richerson v. Beckon, 337 Fed. Appx. 637 (2009). Retrieved from http://lawyersusaonline.

com/wp-files/pdfs/richerson.pdf

Tinker v. Des Moines School District, 393 U.S. 503 (1969). Retrieved from http://www.

firstamendmentschools.org/freedoms/case.aspx?id=404&SearchString=tinker

Underwood, J., Webb, L. (2006). School Law for Teachers: Concepts and Applications. Upper

Saddle River, NJ: Person Education, Inc.