ERIC Number: ED267511
Record Type: Non-Journal
Publication Date: 1986-Feb
Pages: 10
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Constitutional Protections of Teachers and Other Public Employees.
Joyce, Robert P.
Legal Memoradum, p1-8 Feb 1986
The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due process of law; or (3) deny any citizen the equal protection of the laws. A public employee may not be discharged for expressing ideas on a matter of legitimate public concern unless the courts decide that the resulting harm done to the workplace overrides the employee's interest in free expression. Jobs are considered to be property under the Constitution and cannot be taken away without due process of law. For all public employees, the enjoyment of a good reputation is a liberty interest that also requires due process to be taken away. Equal protection of the laws is a constitutioanl right that prohibits sex and race discrimination. (GJ)
Descriptors: Constitutional Law, Court Litigation, Discriminatory Legislation, Due Process, Elementary Secondary Education, Equal Protection, Federal Legislation, Freedom of Speech, Government Employees, Government School Relationship, Legal Responsibility, Teacher Rights
Publication Sales, National Association of Secondary School Principals, 1904 Association Drive, Reston, VA 22091 ($1.00; quantity discounts).
Publication Type: Legal/Legislative/Regulatory Materials; Collected Works - Serials
Education Level: N/A
Audience: Practitioners
Language: English
Sponsor: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.
Identifiers - Laws, Policies, & Programs: First Amendment; Fourteenth Amendment
Grant or Contract Numbers: N/A
Author Affiliations: N/A