9/3/2003

Teaching Public Schools the ABCs of the Constitution — Part V

Teachers’ Rights in Public Education

"First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to speech or expression at the schoolhouse gate."
—Justice Abe Fortas

The Constitution protects all persons, no matter what their calling—including public school teachers. Thus, "[a]ny inhibition of freedom of thought, and of action upon thought in the case of teachers brings the safeguards of [the First Amendment] vividly into operation." Nevertheless, because teachers are not only private citizens, but also agents of the state, courts have held that "the rights of teachers in public schools are not automatically coextensive with the rights of adults in other settings." The following is an overview of how the courts have weighed these competing interests in determining the rights of public school teachers:

Click here to read the entire Teachers' Rights in Public Education document (PDF)

(Read Part I: The Rights of Religious Student Groups in Public Schools)

(Read Part II: Students' Free Speech Rights in Public Schools)

(Read Part III: Religious Expression at Graduation Ceremonies and Assemblies)

(Read Part IV: Non-Student Expression on School Property)

(Read Part VI: "Zero Tolerance" Policies and School Searches)

(Read The Rutherford Institute's legal memorandum to public school superintendents) (PDF)

If your rights to free expression of your religious beliefs at your public school graduation ceremony are threatened, please contact The Rutherford Institute at 434-978-3888 or fill out our online form.