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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, 2008

In 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.


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Cite This Article as: Teachers College Record, Date Published: January 23, 2008
http://www.tcrecord.org ID Number: 14915, Date Accessed: 10/18/2017 1:57:32 AM

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About the Author
  • 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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