Does a school violate the First Amendment if it disciplines a teacher for speech that touches on a matter of public concern?
It depends. It is important to remember that the test developed by the Pickering-Connick line of cases has two basic prongs. First, the court must determine whether the speech in question touches on a matter of public concern. If it does not, the teacher will not receive any First Amendment protection. If the speech does touch on a matter of public concern, the court proceeds to the balancing prong of the test. At that point, the court must balance the public school teacher’s interest in commenting upon a matter of public concern against the school officials’ interest in promoting an efficient workplace of public service. Some balancing factors for a court to consider include • whether the statement impairs discipline by superiors or harmony among coworkers, • whether the statement has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, and • whether the speech in question interferes with the normal operation of the employer’s bu
Related Questions
- Does a school violate the First Amendment if it disciplines a teacher for speech that touches on a matter of public concern?
- How do courts balance a teacher’s First Amendment rights against the interests of the public school system?
- Do Public School Students Have Free Speech Rights under the First Amendment?
