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Teachers' First Amendment Rights Are Shrinking in the Wake of a 2006 Supreme Court Decision: That Can't be Good by Richard Fossey & Charles J. Russo — January 23, 2008In 2006, the U.S. Supreme Court issued its decision in Garcetti v. Ceballos, an opinion that sharply restricts the First Amendment's protection for a public employee who reports wrongdoing in the workplace. In years to come, we will likely see federal courts apply the Supreme Court’s Garcetti analysis to cases in which school employees claim they were retaliated against for reporting workplace wrongdoing to their superiors. In most instances, school employees are going to lose these cases and possibly their jobs. For those who believe that school employees should be encouraged to report workplace wrongdoing—not discouraged, Garcetti is indeed unfortunate.To view the full-text for this article you must be signed-in with the appropropriate membership. Please review your options below:
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- Richard Fossey
University of North Texas
E-mail Author
RICHARD FOSSEY teaches education law and higher education law at the University of North Texas and directs the Texas Higher Education Law Conference at the University. He has a law degree from the University of Texas School of Law and a doctorate in education policy from Harvard University. Prior to entering the field of higher education, he practiced education law in Alaska, representing school districts in Aleut, Athabaskan, and Inuit communities.
- Charles Russo
University of Dayton
CHARLES J. RUSSO is Panzer Chair in Education at the School of Education and Allied Professions, University of Dayton, Dayton, Ohio.
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