Pickering v. Board of Education (1968)

So, What Really Happened?

• In this case, Mr. Pickering wrote a letter to the newspaper about the recent tax increase the school levied for
• His letter showcased how the school had misused funding, in the past, it had stated was for building new schools, and instead built new sport complexes and facilities
• The vote had failed, causing the school to not receive the funding
• When the Board saw the letter, they took matters into their own hands and reviewed his letter
• Pickering was then let go from his position, due to the letter being untrue and hurting the school district
• Pickering then took the case to his county courts
• The county sided with the school, and having nowhere else to turn, Pickering went to the Supreme Court (Marshall)

Okay, So What Was the Outcome?

• Following the Supreme Court case, they ruled that Mr. Pickering was Constitutionally protected
• They cited the First and Fourteenth amendments protected Pickering's letter to the newspaper, and he was unconstitutionally fired
• This outcome was what Pickering had wanted, he was protected through the First Amendment to write the letter to the newspaper (Marshall)

Why Did The SC Side with Pickering?

• The court found that, while what Pickering had said was upsetting for the school, he was not being untruthful, nor was he knowingly spreading lies to hurt the school
• The courts also stated that the opinion of the employees must be balanced with the state's interest for their public services (Marshall)

• The court also found that part of what Pickering brough up in his letter was true, and should've been shared with the public
• Part of it was untrue, but not in a manner that was hurtful to the school in nature

Well, This Can't Affect Me Now, Right?

• The truth is, it can and it does!
• By ruling in this manner, the courts were able to help create what is called the "Pickering Connick Test"
• This test is able to help decide if what a teacher is saying, writing, sharing, etc., is protected by the First Amendment
• This test is still used today to decide if a teacher is protected against being fired or if it is right for the employer to let them go (Jr.)

Harry Connick, part of why this test was created

How Do I Make Sure I Comply?

• It's easy! Use the Pickering Connick Test to make sure that you are protected!
• Typically, if talking about information issued to the public, you're good!
• If talking about more sensitive/private information, it gets tricky, as your employer may be able to let you go and they are covered
• As long as the public information being shared is not disrupting the daily flow of the workplace, then it should be covered by the First Amendment
• This test was used to determine if Sheila Myers was constitutionally protected against her boss, Harry Connick Sr. regarding a questionnaire she used
• This case was brought up in Garcetti v Ceballos, where there was free speech regarding an affidavit to an employer, and the employee faced retaliation due to what they had said, but the Supreme Court created a new test due to this being a private setting, rather than a public forum (Oluwole)

How Can I Stay Informed?

• There are many ways to stay informed on this free speech topic
• Some ways include reading local rulings on similar cases, attending online classes available to learn more about free speech, and to attend community meetings
• The local rulings will describe what they discussed in the case, how they used previous rulings to make their decision, and how that case may alter the outcome of future cases
• Many schools offer Free Speech Advocacy classes online, going through how to use free speech, when free speech can be censored, and how writers can be at risk of using their free speech, one such course is PEN America (PEN)
• Attending community meetings, like those held by school boards or city counsels, often are the best way to practice free speech, as they open the floor to other members in the community that have grievences with the city

London High School

• In 2016, my high school began to complete a new project to get a new field for our football team - giving them a completely new turf field
• This was met with its fair share of support and backlash
• Many thought that London was focusing too much on the football team, rather than bettering the school for both students and faculty
• Many classrooms at this time were still using white boards, while some had TVs that were supposed to function as "smart boards"
• There was much public outcry about how there was an unbalance between the importance of academics versus the athletic program
• There was even an unbalance between the football program being treated as they were superior over the other athletics, which was only further emphasized by this funding
• The football team, which was not even playing well at this point, received the new field and got new helmets and unifomrs yearly