Publication Date
2018
Document Type
Dissertation/Thesis
First Advisor
Kiracofe, Christine
Degree Name
Ed.D. (Doctor of Education)
Legacy Department
Department of Leadership, Educational Psychology and Foundations (LEPF)
Abstract
With the Supreme Court’s 2006 ruling in Garcetti v. Cebellos, this study examines how Garcetti has impacted K-12 public school teachers’ First Amendment free speech protections. Garcetti added a threshold layer to an established test courts had been guided to use—since 1968—when evaluating whether teachers qualified for First Amendment protection when speaking out. Garcetti has guided courts to first consider whether a public employee was speaking pursuant to their official duties prior to ruling on whether a teacher’s speech was a matter of public concern. The Supreme Court ruled when a public employee is speaking pursuant to their official duties, First Amendment protections would not apply. Garcetti involved a deputy district attorney; however, it is the standard public employee free speech threshold that is also applied to K-12 public school teachers. Since the Garcetti decision, very few public school teachers have realized First Amendment free speech protections.
This study examines relevant U.S. District Court and U.S. Circuit Court decisions post-Garcetti to determine the impact Garcetti has had on K-12 public school teachers’ free speech protections. This study reviews relevant case law and related literature regarding public school teacher free speech rulings. Understanding the Garcetti decision is critical if school administrators wish to avoid possible litigation when contemplating discipline against a teacher for their speech.
Recommended Citation
Slater, Erin M., "K-12 Public School Teacher Free Speech: The Impact of Garcetti v. Ceballos on First Amendment Protections" (2018). Graduate Research Theses & Dissertations. 7675.
https://huskiecommons.lib.niu.edu/allgraduate-thesesdissertations/7675
Extent
215 pages
Language
eng
Publisher
Northern Illinois University
Rights Statement
In Copyright
Rights Statement 2
NIU theses are protected by copyright. They may be viewed from Huskie Commons for any purpose, but reproduction or distribution in any format is prohibited without the written permission of the authors.
Media Type
Text
