Pickering V. Board Of Education Case Study

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“Pickering v. Board of Education, 391 U.S. 563 (1968)” Clement Bailly Period 8 The Case: “Marvin L.Pickering, a high school science teacher in Illinois wrote a letter published in a newspaper denouncing the board of education's choice of allocating of funding between athletics and academics, he also criticized the superintendent who did not inform the local taxpayers why they were actually paying more for the school. After posting the letter, the high school teacher was fired because the board claimed that he delivered false information that could affect the efficiency of the school administration, it damage the reputation of the board of education and of its superintendent and that it could possibly encourage “controversy, conflict, and dissension” between the school staff "Detrimental to the best interests of the schools"(Findlaw.com, I) . Pickering decided to sue the school for violating his First and Fourteenth Amendment rights to free speech and of equal protection because he claimed that he has the right to free speech and is allowed the same rights as everybody else.“ The Problem: After being fired Pickering sued the board of education for the right of free speech granted by the first Amendment and the right to equal protection meaning that he has the right to express himself publicly if he wishes and he has the same rights as everybody else in any conditions. Even though he had the right to free speech, the lower court concluded that as a public employe he has to to abstain himself from making comments about the school. Pickering then protected himself using the 14th Amendment by saying that he is allowed the same rights as everybody (equal rights) under any condition. Holdings of Board of Education for Protectio... ... middle of paper ... ...f proofs of false statement made by Pickering, the High School teacher had the right to express his opinion publicly about issues that he considered as important to the society. Because no abuse or offense had been made in the letter, he could not be fired. No punishment could be placed by the S.C because it required more proceeding. Work Cited Page: "Pickering v. Board of Education - 391 U.S. 563 (1968)." Justia US Supreme Court Center. N.p., n.d. Web. 23 Feb. 2014. "Pickering v. Board of Education 391 U.S. 563, 88 S. Ct. 1731 (1968)." Pickering v. Board of Education 391 U.S. 563, 88 S. Ct. 1731 (1968). N.p., n.d. Web. 23 Feb. 2014. "FindLaw | Cases and Codes." FindLaw | Cases and Codes. N.p., n.d. Web. 23 Feb. 2014. "First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five Freedoms - Court Case. N.p., n.d. Web. 23 Feb. 2014.

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