Libraries, Schools Join In - School Library Journal
Log In to your Account                Free Newsletter Subscription
Subscribe to SLJ Magazine


ADVERTISEMENT
You will be redirected to your destination in a few seconds.

Articles

Court: Teachers' First Amendment Rights Stop at the School Door

E-Mail This Link


Enter recipient's e-mail:


Close
Email
RSS |

By Rocco Staino November 2, 2010

farenheight(Original Import)

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 materiheather.1(Original Import)al 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 it does 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.

E-Mail This Link


Enter recipient's e-mail:


Close
Email
RSS |




Reader Comments (18)


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

Previous | Next

Comments that include profanity, personal attacks, or antisocial behavior such as "spamming", "trolling", or any other inappropriate material will be removed from the site. We will take steps to block users who violate any of our terms of use. You are fully responsible for the content you post. All comments must comply with the Terms and Conditions of this site and by submitting comments you confirm your agreement to these Terms and Conditions.

Your name: *

Your email address: * (We won't publish this.)



* = Required information

 
Advertisement

SLJ Reviews Database

SLJ Reviews Center

Latest Stories


From the Blogs


Advertisements




Connect with SLJ


Follow on Twitter






About Us | Advertising Information | Submissions | Site Map | Contact Us | For Reviewers | RSS | Subscriptions
©2011 Media Source, Inc., All rights reserved.
Use of this Web site is subject to its Terms of Use | Privacy Policy
Media Source Inc. Media Source Inc. Media Source Inc. Media Source Inc. Media Source Inc. Media Source Inc.