English teacher Shelley Evans-Marshall gave her ninth-grade class an assignment featuring the American Library Association's list of the 100 Most Frequently Challenged Books—and lost her job because of it.
The U.S. District Court for the Southern District of Ohio last week dismissed her lawsuit, ruling that a school district's right to control its curriculum outweighs a teacher's First Amendment right to choose her materials and her teaching methods.
The former teacher at Ohio's Tippecanoe High School had appealed her April 2002 dismissal, which took place after more than 500 parents and community members signed a petition opposing her use of books like Ray Bradbury's Fahrenheit 451 (Ballantine, 1953), and other books from the ALA list in the classroom—and calling for "decency in education."
Evans-Marshall, who was hired in 2000 with a yearlong contract, received positive reviews her first year and was rehired for a second term in 2001. However, that fall, during a unit on Fahrenheit 451 and an examination into why books are censored, some students elected to read Lesléa Newman's picture book, Heather Has Two Mommies (On Other Words Publishing, 1989), which celebrates family diversity. In October, 2001, about 25 parents attended a board of education public meeting to "express concerns about the appropriateness and merit of some materials that had been assigned to the students as optional reading." The next day, in front of the school's English teachers, School Principal Charles Wray told Evans-Marshall that she was in the "hot-seat" because of her reading assignments.
At the next board meeting on November 26, 2001, public criticism of the certified teacher intensified and "approximately 100 parents were in attendance to protest the presence of material in classes and school libraries that the parents thought obscene," read the judge's opinion. A petition was presented with about 500 signatures that called for "decency in education." According to Evans-Marshall, the focus of the parents' concern was the subject matter presented in her classes.
Several weeks after the November 26 meeting, Wray formally observed Evans-Marshall in her classroom and for the first time since her hiring gave her a negative review about her performance. He also provided her with instructions: "Any material containing graphic violence, sexual themes, profanity, suicide, drugs and alcohol need [sic] to be discussed with your department chairs before being used in class."
Evans-Marshall responded to the instruction in writing, noting that the materials used in her class were novels with appropriate themes, and that each book "had been purchased and approved by the board." Months later, on March 11, 2002, Evans-Marshall showed her class Romeo + Juliet, a movie adaptation of the Shakespeare play. Wray observed the class again and asked the teacher about the rating of the movie. Evans-Marshall informed him that it was rated PG-13, which does not require prior approval.
Evans-Marshall received her second critical written evaluation on March 21, 2002, with Wray writing "The evaluation from the first part of the year addressed several areas of concern that has [sic] arisen this year. There have been improvements but not enough to recommend a continuing contract."
Superintendent John Zigler recommended not to renew Evans-Marshall's contract, and on March 25, 2003 the board unanimously passed a motion in favor of his recommendation and hired a replacement teacher. Evans-Marshall made various attempts to challenge the dismissal, all of which the board denied.
Evans-Marshall brought suit in federal court, seeking injunctive relief and damages against the board, Wray, and Zigler, alleging she was terminated in "retaliation for the curricular and pedagogical choices she made while teaching at Tippecanoe High School and the exercise of rights under the First Amendment."
At the time, the sixth U.S. Circuit Court of Appeals District Judge Walter H. Rice, speaking for the three-judge panel, ruled in favor of the school district's interpretation of academic freedom and that itdoes not hold for elementary and secondary teachers. He based his ruling on the 2006 U.S. Supreme Court's decision Garcetti v. Ceballos, which states a public employee has no First Amendment rights when speaking officially. The school district and court maintain that a teacher's choice of curricular resources is speaking officially.
The recent decision does have its detractors. Paul Secunda, a Marquette University law professor and expert on public-employee rights, says in an October 22 blog post "Garcetti vs. Public School Teachers: Garcetti Wins and We All Lose," that "We want our school teachers to engage in robust debate with their students and expand the spectrum of knowledge," he wrote. "We are all made poorer by the Sixth Circuit's knee-jerk extension of the Garcetti holding to the public school context; it does nothing less than cast a pall of orthodoxy over the classroom and makes an obscene joke of academic freedom in the primary and secondary classroom environment."
This article originally appeared in the newsletter Extra Helping. Go here to subscribe.
Academic freedom is another casualty of No Child Left Behind.
Also, a way to fire teachers in tough budget years.
Posted by John Woodring on November 2, 2010 05:12:17PM
Can someone please explain to me how "Heather Has Two Mommies"
contains graphic violence, sexual themes, profanity, suicide, drugs or
alcohol? Two women raising a child together is not sex. If it is, then a
depiction of a mommy and a daddy is also a reference to the sex they
must inevitably have. Gay people are just that--people. They are not
sexual content.
Posted by Catherine Ryan Hyde on November 2, 2010 05:22:23PM
"He based his ruling on the 2006 U.S. Supreme Court's decision Garcetti v. Ceballos, which states a public employee has no First Amendment rights when speaking officially." Does this mean elected public employess, too? Hmmmm.....
Posted by Becky Doubles on November 2, 2010 06:21:07PM
I believe this court decision deprives students of reading and
critically discussing some very important topics that will affect them
in their adult lives. Of course, by outlawing these books students
are more likely to read every one of them, as we all did with books
band by the church.
Posted by Evelyn wolfson on November 2, 2010 06:28:01PM
I don't think that the courts aresayingyou can't talk about or use
these books but that an individual teacher can't make this call. That
it is up to the board of education to determine the ciriculum (official
speech).
Posted by Mary S on November 3, 2010 04:41:12AM
I'm sure you would agree with the court that the school's right to control its curriculum outweighs the teacher's First Amendment right to choose her materials and teaching methods if the teacher in question were a Christian who was "proselytising" by teaching from the Judeo-Christian scriptures--the Bible. The principal and school board are the "management," and the teachers work under their supervision. I would hate to think that any and every teacher has the right to teach whatever and however he or she wished.
Posted by Anne Marr on November 3, 2010 09:05:56AM
As an educator of more than 35 years, I do not feel sorry for this teacher. She knew, or should have known, this assignment would land her in hot water. It is not about academic freedom but about age appropriateness. She would have been better off teaching college freshmen this same lesson rather than high school freshmen. When I was in high school, we had an English department engaged in anti-war poetry and writings... we, the student body, realized it was about mind control and manipulation and these "authors" were nobodies. We were right. Many of us did not agree with the war in Viet Nam but we all had draft numbers and were not going to go down as draft dodgers for some liberal idiot English teachers.
Posted by Conservative Mark on November 3, 2010 10:26:47AM
One might argue that perhaps she might have been advised to re-think her choice of suggested books, but firing her? That seems a bit extreme.
Posted by Shelley on November 3, 2010 08:32:48AM
I am reading this the day after our country's Mid Term elections, and this "nail in the coffin" adds to my depression.I know there's a higher court than the Sixth Circuit Court of Appeals. After 8 years, does Evans-Marshall have th stamina, financial resources to appeal the decision? Please follow up on this article.
Posted by Sally Derby on November 3, 2010 11:54:03AM
I fault the administration and school board in this issue. It seems all
books were approved by the board. It also seems that not all books
were required, which enables students or parents to select based on
their own value system. I read Fahrenheit 451 in high school, then later
in life was fortunate to hear Ray Bradbury speak about writing
Fahrenheit 451. I enjoyed it in high school, but at that time thought it
was about censorship. After finding out that Bradbury's intention was to
write about the television's negative affect on society, I read it from a
new perspective.
The quickest way to get me to read a book, is to tell me I can't.
Therefore, I believe the parents, board, and administrator only
succeeded in eliminating a teacher. I would imagine quite a few
students are reading the books to find out what all the fuss is about.
I think the court had no other choice in its ruling, but the board and
the administrator of the school did and sadly they did not perform their
job well.
Posted by S. Brisbay on November 3, 2010 12:38:23PM
The parents and school board of this district have not launched a brave attack against obscenity; rather, they have launched an ill-advised attack on intelluctual freedom, informed discussion, and debate. In short, IDEAS seems to be the problem there, NOT questionable content. Under their broad definition, classics such as The Scarlet Letter--or even books from the Bible!--wouldn't make the final cut for an English class. How completely absurd! That community deserves every small-minded, vacuous twit they are surely raising. What an embarrassment for Ohio!
Posted by Renee S. Caserta on November 3, 2010 01:05:22PM
The thing I'm getting caught up on is
"some students elected to read Lesléa Newman's picture book, Heather Has Two Mommies"
This makes it sound like it was -their- choice to read that particular book. We're not told whether it was off of a list of some kind (aside of the ALA Banned Books list). What were other choices? Were they deemed inappropriate, too?
Posted by Day on November 4, 2010 10:33:36AM
What this teacher did was not equivalent to proselytizing in a classroom, but was an example of freedom of speech, which are both in the First Amendment. If upheld, the court ruling establishes a very dangerous precedent that threatens academic endeavors everywhere, in that yet again, the angry mob outraged by what it doesn't know and refuses to understand are allowed to silence knowledge and learning. So this is the United States of America in the 21st century... no wonder we are so far down the list in global academic and scientific educational achievement.
Posted by Lee on November 4, 2010 01:30:01PM
By banning books like this and prohibiting discussion of the various themes that are written about in these stories, we as an academic society are aiding students in opinion formation. As a society, we should be encouraging discussion about debatable topics and guiding students during discussions so that the opinions that are formed are done so with some rational discussion and responsibility. In regard to choosing novels or literature for middle and high school students, parents need to read those which the school board deems appropriate and tell us that there is no questionable language or topics presented. Parents need to value the teacher that gets students to think beyond regurgitation
Posted by Kathleen Worsdale on November 5, 2010 10:44:37AM
Ray Bradbury is far from a "nobody" and is age-appropriate for high school. Apparently, the teacher was using his novel as a springboard for exploring censorship. That's certainly an appropriate topic for 9th graders to discuss. As long as the "Two Mommies" book was a choice, there should have been no problem with it. It's about inclusion, not exclusion. You may decide against your child reading the book but you do not have the right to prevent others from reading it. The sad part is that the petition was signed by the parents who were against the book. They decided for everyone else what their kids could be exposed to. Ironic only begins to cover it.
Posted by Alice Williams on November 15, 2010 12:59:13PM
No wonder so many thousands of adult Americans lack the ability to think and to reason clearly and objectively when school boards and judges act in such an irresponsible manner. One of a teacher's roles is to challenge children and teens to think for themselves, to learn how to assess the value of various types of literature and to form their own opinion on real-life situations such as censorship, same sex families and limits of authority. By dismissing this teacher, this community has severely diminished any hope of that happening.
I speak as an educator with over 40 years teaching and administrative experience worldwide.
Posted by Ian Robertson on November 16, 2010 07:38:29PM
Sad, really. I would be more inclined to vote for this teacher if she ran for President. Never would the thought enter my mind to fire her. Tippecanoe School District has truely committed an injustice to their students with this firing. By no mean should children be taught free thinking or instilled with the ability to make decisions for themselves...I guess this is what Tippecanoe School District's thought process is. Sad. Sad. Sad.
Posted by Karen Rummel on November 17, 2010 11:49:49AM
You can't tell me that these kids are not watching graphic
violence, sexual themes, profanity, suicide, drugs or alcohol on
main stream TV with their parents consent. Just watch the news.
Come on people!