Legal Brief 1 Pickering V
Legal Brief 1 Pickering V
Board of Education
Legal Brief #1
Citation:
-https://supreme.justia.com/cases/federal/us/391/563/
Facts:
-A school teacher wrote a letter to a local paper because he was upset about a defeated proposal
to increase school taxes.
-The school board terminated the teacher because they believed it hurt the integrity of the school
district.
-The teacher sued the school board saying that this was a violation of his free speech, and the
court ruled in favor of the school board.
Issues:
-Was this letter protected under the teacher’s First Amendment rights?
Ruling:
-The court decided on June 3rd, 1968 that the teacher’s termination violated his First
Amendment right to free speech.
Rationale:
-The court concluded that because the teacher did not knowingly or recklessly make false
statements, it was his right to voice his opinions on the issue. There was also no evidence that his
statements were knowingly false or reckless.
Conclusion:
-There are a lot of instances in education where it feels like you cannot speak up or speak your
mind because you are a teacher or work for a certain organization. This court case shows that
sometimes you should be able to stand up for things if you do not agree with them. That you
cannot always be silenced just because of a position hold.