TEMPLATE FOR TEACHERS’ RIGHTS CASE ANALYSES
Identify the section of law in which the case falls by checking the box that applies to the case that is being analyzed.
• Freedom of Expression
• Academic Freedom
• Freedom of Association
• Personal Appearance
• Privacy Rights
Given the box you checked, provide legal background on this section of law (you will be paraphrasing the lecture notes) and then narrow down to which test/s or legal principle/s should be applied to this case and describe why.
This law gives a teacher or a student the privilege, more so those at the college or university stage the right of discuss and also explore any issue, convey opinions regardless of whatever topic without fearing retaliation from either school or government
The lecturer shouldn’t be penalized by the law because the academic freedom gives the right for one to convey academic opinions, “without fearing reprisals from either school or government” but since it was filmed in a school with black students, it may be seen as a type of discrimination and could make the teacher face the rule of law.
Lawyer for the teacher
Copy all parts or points of the test (make sure to include each and every component) and generate the arguments that the parents’ lawyer could make to win the case.
Right of teachers and students to discuss any issue and convey opinions (the teacher discussed an issue in the American history and therefore the law granted him the right to explore it without any retaliation)
No government interference or control of the school’s policies (the case under question was the school’s policy since it was an academic subject and so therefore the government can’t control)
Right of everyone for freedom of expression regardless of the frontiers( the teacher had the privilege of expressing his opinion without the frontier of black people’s racial discrimination)
Lawyer for the school
Copy all parts or points of the test (make sure to include each and every component)
and generate the arguments that the school’s lawyer could make to win the case.
In the case in question, the teacher didn’t intend to it to be a prejudice motive but rather it was a review of American history
The government wasn’t supposed to interfere with the school’s policies and therefore as per the academic law (Michael 2010)
No black student reported discrimination act which could be based on the case
Your overall assessment—Who has the stronger case? Justify your opinion always basing it on legal principles (so although it is your assessment, it should have some grounding in the law).
The teacher has a stronger case because:
The government doesn’t have the right to interfere with the policies of school( in that case by the subjects to be undertaken or their sensitivity)
During the subject, no any noted discrimination act was done, it is only the garbs that were worn
Michael, I. (2010). A Teacher’s Giude to Education Law. Oxford: Taylor & Francis.