How far will the First Amendment Protect our Freedom of Speech?

How far will the First Amendment Protect our Freedom of Speech?

Jessica Castillo

EDUCATION 210

College of Southern Nevada

How far will the First Amendment Protect our Freedom of Speech?

As citizens of the United States we are under the protection of the First Amendment

which consist of freedom of speech but how far does this Amendment protect when stating

personal believes at work? In this case we will be discussing the possible ruling of Freddie

Watts, principal, and Jimmy Brothers, assistant principal, versus Ann Griff, a white teacher. This

case undergoes with a perfect example of when our First Amendment can be translated in

different scenarios. The case consisted of Ann Griff stating that she “hated all black folks,” in a

heated conversation she was having with the two African-American administrators. Shortly after

the controversy word got out of her statement and created a controversy between the whole

school and staff members. The principal Freddie Watts after decided to dismiss Ann Griff from

the school because he was concern that her statement might affect her teaching and relationships

with students from different backgrounds. He expressed many concerns about how her opinion

and beliefs will affect her teaching to students so he decided to dismiss her from their school.

Griff vs Watts case shows two possible ruling in which it expresses freedom of speech and also

racial discrimination.

In the United States of America, we are protected by several laws and processes that are

placed for our security. We have many rights as citizens of the United States and the laws and

process that protect us are The 1st Amendment, the 14th Amendment, and the Due Process. The

1st Amendment guarantees freedoms concerning religion, expression, assembly, and the right to

petition. To demonstrate the 1st Amendment protects us to be able to practice freely the religion

of our choice, freedom of expression, and the right to gather with others to petition about certain

affairs. The 14th Amendment addresses many aspects of citizenship and the rights of citizens.

This law entails that all persons born or naturalized in the United States are subjected to the
How far will the First Amendment Protect our Freedom of Speech? Castillo 3

jurisdiction and no state shall make or enforce any law which could eliminate the privileges or

immunities of the citizens of the United States. To further explain the government isn’t allowed

to revoke or remove our rights as citizens and we have the right for representation in the courts.

The Due Process Clause is the legal obligation of the all states that promise us as citizens that the

law will be provided with fair procedures. It’s just a protection to citizens that we are all going to

be treated equality and fair regarding our careers, financial statement, and other social

differences. To conclude all of these processes and laws are legal obligations from the

government to protect its citizens from wrongdoing of the government and courts.

For a better case study ruling in favor to Ann Griffin is the Pickering V. Board of

Education where Marvin Pickering, a school teacher wrote a letter to a newspaper expressing his

concerns and opinions about the misuse of the Board’s funds. He stated in his letter that they

were mismanaging the school’s funds between educational and athletic programs and also

expressed his opinion about how he didn’t trust the way the Board and the superintendent

retained information about the true meaning of the tax increase to the school district’s taxpayers.

During the ruling the Board expressed how all of the information provided to the newspaper was

false and that is was damaging the welfare of the school because of the false accusations. The

Circuit Court agreed with the Board’s decision about terminating Pickering and that his false

accusations were not protected under the 1st Amendment concerning freedom of speech.

Pickering appealed his case after to the Supreme Court and the Supreme Court voted to revise

the case. They then came to a decision that the State may not terminate Pickering for making

such statements about the Board. This case is a great example of how Ann Griffin is allowed the

right to freedom of speech and should not be terminated for expression her opinions.
How far will the First Amendment Protect our Freedom of Speech? Castillo 4

Another great case for favor to Ann Griffin is the Givhan v. Western Line Consolidated

School District where Bessie Givhan was violated from her right to the 1st Amendment. Givhan

during a school year had several private conversations with the principal about her opinions on

how the school’s district’s practices and policies were racially discriminated. Shortly when the

school year ended her teaching contract was not renewed due to the fact of her expressing her

opinions, Givhan then sued the school board for breaking her 1st Amendment right for freedom

of speech. During the case hearing the school officials stated that Givhan during her meetings

with the principal was insulting, hostile, and made unreasonable demands but they dismissed

those evidence. The Fifth Circuit Court of Appeals then favored with the board stating that

because the teacher’s opinions were conducted in a private matter she was not protected under

the 1st Amendment. Years after the Supreme Court decided that employees who communicate in

private rather than in public about their opinions and concerns entailing their job are still

protected under the 1st Amendment.

A case opposing Griffins employment is the Mt. Healthy City School District Board of

Education vs. Doyle where a teacher’s contract was not renewed due to the fact that Fred Doyle

had made a phone call to the local radio station expression his disapproval of the school’s dress

code. Doyle was also involved with several cases where he behaved inappropriately towards

students and staff members and the phone call was the last of his incidents. Because of those

incidents the School Board decided not to renew his contract and stated that it was due to “lack

of tact in handling professional matters.” Nine other teachers were also denied the renewal of

contract and Doyle decided to sue the Board on violating his rights under the First and

Fourteenth Amendment which consisted of freedom of speech and his right as a citizen. Bench

Court ruled Doyle was violated from his rights and was granted his job status and back-pay
How far will the First Amendment Protect our Freedom of Speech? Castillo 5

money. Mt. Healthy School District decided to take the court case to the Supreme Court to be

revised and the School Board was able to present evidence that Doyle would have terminated

even without the radio incident violating his 1st Amendment which concluded in the Supreme

Court be in favor to Mt. Healthy School District. This case is a great example of how our 1st

Amendment is protected by our constitution but the responsibilities and ethical duties as a

teacher are still to be abided.

Another case opposing Ann Griffins case is the Garcetti v. Cenallos case where Richardo

Ceballos, a deputy district attorney for the Los Angeles Country District Attorney’s Office

suspected that a deputy sheriff had included false evidence in a search warrant. Ceballos told his

supervisors and was demoted and transferred because of speaking out on a matter of public

concern. He then sued his supervisors which included Garcetti. The court then ruled that

Ceballos’s speech wasn’t protected under the 1st Amendment because it occurred in a record to

his supervisors as part of his job duty. The Supreme Court than remanded that when “public

employees make statements pursuant to their official duties, the employees are not speaking as

citizens for the 1st Amendment purposes, and the Constitution does not insulate their

communications from employer discipline,” meaning that if your job duties entail otherwise you

are not protected under the 1st Amendment.

With all the cases opposing and in favor of Ann Griffins I have decided to rule against

Griffins due to all the examples and rulings I have seen regarding how far our 1st Amendment is

protected. The reasoning behind my decision was made because Ann Griffins caused many

commotions and disturbances among the entire school. As a teacher your job entails to keep a

professional matter and also be a respectable leader not only to the school but the community

which Ann Griffins failed to do. In the Garcetti v. Cenallos case it explained how the constitution
How far will the First Amendment Protect our Freedom of Speech? Castillo 6

does not protect your 1st Amendment when it comes to your job duties and you have to respect

your job boundaries. Another case that persuaded my decision was the Mt. Healthy City School

District Board of Education v. Doyle where Doyle expressed his opinions to a radio station about

the school’s attire. Doyle not only was not professional about that matter but he wasn’t acting

ethical to his staff members and students which was the biggest factor for the Supreme Court

ruling with the board. This case made me realize that your opinions can have a reflection of your

actions and Ann Griffin hasn’t been keeping her responsibilities as an ethical teacher to her

students and staff members which is the reasoning why I rule with the board.
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REFERENCE PAGE
Garcetti v. Ceballos, 547 U.S. 410 (2006). (n.d.). Retrieved November 11, 2016, from

http://www.aaup.org/brief/garcetti-v-ceballos-547-us-410-2006

FindLaw’s United States Supreme Court case and opinions (n.d.). Retrieved November

11, 2016, from http://caselaw.findlaw.com/us-supreme-court/429/274.html

Marvin L. PICKERING, Appellant, v. BOARD OF EDUCATION OF TOWNSHIP

HIGH SCHOOL DISTRICT 205, WILL COUNTRY, ILLINIONS (n.d.). Retrieved November

11, 2016, from http://www.law.cornell.edu/supremecourt./text/391/563

Givhan v. Western Line Cons. Sch. Dist. 439 U.S. 410 (1979). (n.d.). Retrieved

November 11, 2016, from http://supreme.justia.com/cases/federal/us/439/410/