PICKERING VS BOARD OF EDUCATION 1

Stephanie McElvain
EDU 210
June 6, 2019
Dr. Dale Warby

Pickering V.S. Board of Education (1968)

No. 510

Argued: March 27,1968 Date Decided: June 3, 1968

by The United States Supreme Court

PICKERING VS BOARD OF EDUCATION 2

Abstract

This lawsuit was initiated by a teacher (the plaintiff) who was dismissed after writing and

publishing inaccurate accusations against the Board’s rations of school funds between

educational and athletic programs, and the Board’s lack of relaying correct information to the

public. The Board of Education (the defendant) found all accusations presented by the plaintiff to

be untrue. The defendant won this case on the basis that the publication of these accusations in

the local newspaper was, “detrimental to the efficient operation and administration of the schools

of the district” and that the schools required the plaintiff’s dismissal.

1. Was the Board of Education hiding information in the reasoning for higher educational

taxation?

a. No, the Board of Education had determined and proved to the Supreme Court that

all accusations presented by the plaintiff were false and inaccurate

2. Was the Board of Education correct in the action that was taken (dismissal from contract)

against the employee after his accusations?

a. Yes, the appellant made false accusations that may have been detrimental to not

only the Board of Education, but to the schools and administration as well.

Pickering was denied the claim of Freedom of Speech in the court proceedings

because he breeched his contract by writing and publishing his letter.

PICKERING VS BOARD OF EDUCATION 3

The court decided this case in favor of the Board of Education because of Pickering’s false and

detrimental accusations. The Board of Education was cleared for the right to dismiss Pickering

from his teaching position on the grounds that, ” the teacher by virtue of his public employment

has a duty of loyalty to support his superiors in attaining the generally accepted goals of

education and that, if he must speak out publicly, he should do so factually and accurately,

commensurate with [391 U.S. 563, 569]   his education and experience."

PICKERING VS BOARD OF EDUCATION 4

References
FindLaw (n.d.). Pickering V.S. Board of Education. Retrieved from
https://caselaw.findlaw.com/us-supreme-court/391/563.html