ERIC Number: ED139058
Record Type: Non-Journal
Publication Date: 1976
Pages: 261
Abstractor: N/A
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Legal Aspects Concerning Teachers' First Amendment Rights of Freedom of Speech and Expression within the Public School Classroom.
Sponseller, Edwin H.
This study discusses the extent to which the First Amendment rights of freedom of speech and expression apply to teachers in the public schools. A historical perspective of the First Amendment rights of educators is provided; techniques of standard legal research were used to establish the primary sources of law. Investigation, which focuses on the period after the 1969 "Tinker" decision, culminated in four major conclusions: Between 1970 and 1974, the courts expanded protection for teachers in their use of "questionable" utterances and grooming habits. (Challenged and found to be unprotected were the rights of teachers to ignore dress codes and to proselytize in the classroom.) Courts also extended protection for teachers determining classroom procedures and instructional methods--especially with regard to the discussion of controversial issues. In addition, teachers must now be given clear guidelines illustrating what types of speech and expression are prohibited in the classroom. Finally, although the "Tinker" decision signaled some expansion of First Amendment rights, school authorities may still limit a teacher's right of expression when it can be shown that such activity disrupts or threatens to disrupt discipline and order. (Author/KS)
Descriptors: Censorship, Civil Rights, Doctoral Dissertations, Elementary Secondary Education, Freedom of Speech, Legal Problems, Public Schools, Student Teacher Relationship, Teacher Role, Teachers
University Microfilms, P.O. Box 1764, Ann Arbor, Michigan 48106 (Order No. 76-15,865, MF $7.50, Xerography $15.00)
Publication Type: Dissertations/Theses
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Identifiers - Laws, Policies, & Programs: First Amendment; Tinker v Des Moines Independent School District
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