Expression Outside the School
Expression Within the School
Academic Freedom
Student Right of Expression
100
Pickering v. Board of Education (1968)
What is the most important case regarding educator rights of expression?
100
Expression outside the classroom but on school property. Classroom academic freedom. Retaliation fro speaking out about suspected wrongdoing under the Texas Whistleblower statute.
Expression within the school has 3 important dimensions:
100
First, Fourteenth
The _____ and ____Amendment allows public school teachers the right to engage in classroom discussions.
100
Symbolic expression that was meaningful to the students and to other persons in the school and the community.
The Thinker case involved ________
200
Four factors: The employee suffered an adverse employment action. The speech related to a matter of public concern. The speech did not cause disruption in the workplace. The speech was a motivating factor in the adverse employment.
How many factors does an employee must have for Pickering to apply?
200
Mailboxes, Teacher complaints over working conditions, Speech on public matters but made within one’s scope of employment.
After the Givhan decision, the U.S. Supreme Court issued 3 important rulings regarding teacher expression in the workplace:
200
States and school boards
These two entities are entitled to determine the curriculum and control teacher’s behavior in the classroom from K-12th grade.
200
Delete
The school may ________material that the school considers disruptive, academically incorrect, biased, profane, or unsuitable for immature audiences.
300
Mt. Healthy test
It is often used in employment cases.
300
Public forum (e.g. street corners and public parks)
This is a place where persons and groups can come together for expressive purposes free from government.
300
Profanity (not protected by the First Amendment)
One type of expression in the classroom that has no constitutional protection is:______
300
Reasonably foreseeable determination, The material disruption/substantial invasion of the rights of others (evidence that the communication negatively affect the school environment).
What are the two guidelines that emerge for school administrators regarding electronic communication off-campus?
400
Document job-related deficiencies
As a school administrator you have to ____________carefully so that the Mt. Healthy test can be met.
400
The school attorney
As a future administrator, it is wise to consult ________when the employee expression is the center of concern.
400
Prohibits a governmental body from retaliating against an employee who reports a violation of law to an appropriate law enforcement authority, if it was made in good faith.
Texas Whistleblower Act ________
400
Non-students
Since public schools are not public forums, the right of association does not extend to: ______.
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