Wednesday, May 16, 2007

Teachers Could Be Fired For Expressing Personal Opinions

Darren brings us an important case dealing with a teacher in San Francisco who might be fired for saying that she always "honks for peace."

Free speech is free speech and as the Supreme Court ruled in Tinker v. Des Moines, teachers and students don't check their consitutional rights at the school house door. That is not to say a teacher has absolute freedom to ignore responsibilities by for example, failing to teach the curriculum in favor of preaching about her personal views. But that does not mean she is forbidden from responding to student questions. As Darren writes:
I don't view students, especially high school students, as flowers to be treasured. They're people whose minds are growing at an amazing rate, and they're capable of processing tremendous amounts of information. I assert, without any evidence to back me up here, that they should be able to hear information, both facts and opinions, that disagree with their own, without having an emotional or intellectual meltdown.

In fact, I've said it several times before: teenagers are capable of so much thought and analysis, but what they lack is real-world experience. Until they get that for themselves, they can and should learn from the adults in their life. That is what will give them so-called critical thinking skills; they can't think critically about something until they have some facts about which to think.

snip

I understand the argument that "you're paid to teach the curriculum." There's no "nothing more" at the end of that statement. Assuming I teach the curriculum, why not discuss current events with some students if they so desire? Why not answer their questions about something outside of the curriculum, why not open their minds to other, not unreasonable, ways of viewing the world?

Teaching is a social process. It requires interaction between teacher and student to function most effectively. I talk about a variety of topics in class; it helps build rapport with students. They know and respect me as a person, not some mythical being that doesn't exist outside of the school walls. How could you operate any other way?

But let's look at realistic example. At my school is a counselor who wears a Star of David necklace daily. With responsibility for over 400 students, she no doubt has some students who are, to put it delicately, of a nationality or religion that isn't positively predisposed to being around Stars of David. Could she reasonably be told not to wear it at school? Could I be told not to wear my red, white, and blue elephant lapel pin? Just what are the limits to these prohibitions?

I don't think it's ok for a teacher to be fired for saying "I always honk for peace." It's ok for her to be mocked and ridiculed for saying it, but not fired.

And you can quote me on that. In class, if need be =)
To be honest, I am shocked that a California court ruled this way and I am certain that a federal court, particularly in the 9th Circuit would rule the opposite way.

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