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Pickering V. The Board of Education
Transcript
- Pickering's claimed that his writing the letter was protected by the First and Fourteenth Amendments.
- This was rejected by the Board of Education.
- Pickering appealed to the Circuit Court of Will County, and the Supreme Court of Illinois. Both agreed that he was rightly dismissed.
- Martin Pickering
- Township Board of Education (High School district 205) in Illinois
Major Issues
Parties Involved
Background Information
- In February 1961 the Township Board of Education asked the voters of Township High School District 205 in Illinois to approve a bond issue to raise $4,875,000 to build two new schools, which was defeated. In December 1961, the Board again submitted a bond proposal to the voters for $5,500,000 to build two new schools, which passed and the two schools were built with the money.
- In May 1964, the Board proposed an increase in the tax rate for educational purposes, which was defeated. On September 19, 1964, a second proposal to increase the tax rate was submitted by the Board, and was also defeated.
- The Supreme Court of the United States agreed the teacher's First Amendment right to free speech were violated and reversed the decision of the Illinois Supreme Court.
- Supreme Court of the United States held that in the absence of proof of the teacher knowingly or recklessly making false statements the teacher had a right to speak on issues of public importance without being dismissed from his or her position.
Resolution
- Prior to the vote on the September 1964 tax increase proposal, various newspaper articles appeared in the local paper which were attributed to the District 205 Teachers' Organization. Those articles urged passage of the proposal, and stated that failure to pass the increase would result in a decline in the quality of education afforded children in the district's schools. Also, a similar letter from the superintendent of schools was published in the paper two days before the election, and copies of the letter were given to the voters the following day.
- After the proposal failed, Marvin L. Pickering, a teacher in the district, wrote a letter to the editor in response to the material from the Teachers' Organization and the superintendent. The letter was an attack on the Board''s handling of the 1961 bond proposals and its use of financial resources between the schools' educational and athletic programs. It also charged the superintendent of schools with trying to prevent teachers from speaking out against the proposed bond issue. Pickering was dismissed by the Board for writing and publishing the letter.
Background Information
- http://en.wikipedia.org/wiki/Pickering_v._Board_of_Education
- http://supreme.justia.com/cases/federal/us/391/563/
References
Pickering V. The Board of Education
Anthony Gaeta & Kirtyn Heller
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