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Article
Restricting public school teacher classroom speech in the United States
De Jure
  • Ralph Mawdsley, Cleveland State University
  • Elda de Waal, North-West University (South Africa)
Document Type
Article
Publication Date
1-1-2008
Keywords
  • public schools,
  • free speech,
  • students,
  • teachers,
  • constitutional law,
  • Garcetti v Ceballos
Abstract
Federal courts have had over two decades since Connick v Myers to apply the Pickering-Connick shifting burden of proof tests to numerous education cases. However, nothing tends to remain static in American law and its most recent free speech case, Garcetti v Ceballos (Garcetti), the Supreme Court has further refined the expressive rights of employees. Although not an education case, Garcetti, like Connick before it, has already had an impact on teacher expression. The purposes of this article are broadly twofold: to briefly review the facts and the Supreme Court decision in Garcetti; and, to explore the application of Garcetti to the expression of K-12 teachers.
Citation Information
Ralph D. Mawdsley and Elda de Waal, "Restricting public school teacher classroom speech in the United States" 41 DeJure 93 (2008).