Principals and Teachers as Public Figures: Where Duty Ends and Rights Begin. A Legal Memorandum: Quarterly Law Topics for School Leaders. Vol. 7, No. 2, Winter 2007
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| Title: | Principals and Teachers as Public Figures: Where Duty Ends and Rights Begin. A Legal Memorandum: Quarterly Law Topics for School Leaders. Vol. 7, No. 2, Winter 2007 |
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| Language: | English |
| Authors: | Kallio, Brenda, Geisel, Richard, National Association of Secondary School Principals |
| Source: | National Association of Secondary School Principals (NASSP). 2007. |
| Availability: | National Association of Secondary School Principals. 1904 Association Drive, Reston, VA 20191-1537. Tel: 800-253-7746; Tel: 703-860-0200; Fax: 703-620-6534; Web site: http://www.nassp.org |
| Peer Reviewed: | N |
| Page Count: | 8 |
| Publication Date: | 2007 |
| Intended Audience: | Administrators |
| Document Type: | Collected Works - Serial Reports - Descriptive |
| Education Level: | Secondary Education |
| Descriptors: | Work Environment, School Personnel, Principals, Secondary School Teachers, Public Officials, Court Litigation, Civil Rights, Teacher Rights, Role Conflict, Freedom of Speech, Religion, Participation, Group Membership, Legal Responsibility, Administrator Role, Teacher Role |
| Laws, Policies and Program Identifiers: | First Amendment |
| Abstract: | Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public school employees do not shed their constitutional rights at the schoolhouse gate ("Tinker v. Des Moines Independent School District", 1969), courts have also held that the rights of public school employees are not coextensive with the rights of adults in other settings ("Daugherty v. Vanguard Charter School Academy", 2000). Frequently, the courts have been called upon to balance the rights of the individual public school employee against the rights of the employer, the students, the parents, or the general public. Some of the more common issues that influence this balancing act include the employer's need to promote a productive learning environment as well as a harassment-free work environment; the unique position that educators have to influence a captive, young, impressionable audience; and whether certain actions by public employees actually convey the imprimatur of state action. Various federal court decisions have addressed the rights and limitations of public school employees to engage in traditional First Amendment-protected activities while in the scope of their employment. This issue of "A Legal Memorandum" takes a look at these cases. (Contains 1 figure.) |
| Abstractor: | ERIC |
| Number of References: | 23 |
| Entry Date: | 2011 |
| Access URL: | https://www.nassp.org/Knowledge-Center/Publications/A-Legal-Memorandum |
| Accession Number: | ED524149 |
| Database: | ERIC |
| Abstract: | Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public school employees do not shed their constitutional rights at the schoolhouse gate ("Tinker v. Des Moines Independent School District", 1969), courts have also held that the rights of public school employees are not coextensive with the rights of adults in other settings ("Daugherty v. Vanguard Charter School Academy", 2000). Frequently, the courts have been called upon to balance the rights of the individual public school employee against the rights of the employer, the students, the parents, or the general public. Some of the more common issues that influence this balancing act include the employer's need to promote a productive learning environment as well as a harassment-free work environment; the unique position that educators have to influence a captive, young, impressionable audience; and whether certain actions by public employees actually convey the imprimatur of state action. Various federal court decisions have addressed the rights and limitations of public school employees to engage in traditional First Amendment-protected activities while in the scope of their employment. This issue of "A Legal Memorandum" takes a look at these cases. (Contains 1 figure.) |
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