Pickering Case Essay

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Question 12 List the key points in the Pickering Case (cite your answer)and then respond to the following question: Is it right to force a person to trade away constitutional rights as a condition of employment Marvin Pickering, the appellant of the Pickering v. Board of Education, was a high school teacher at Township High School District 205, Will County, Illinois. He sent a letter to the local newspaper exposing the Boards allocation of funds for the school. In his letter he criticized them for putting forth more money to the athletic programs than to the educational programs .In court he argued that his writing of the letter was protected by the First and Fourteenth Amendments, yet supposedly the letter contained fabricated statements and was going to disturb the schools positive progress and administration. The Board rejected his argument and ruled in the schools favor. Unfortunately, Mr. Pickering was removed from his teaching position but he did not stop fighting for his case. (Secunda 2010) The appellant, Marvin Pickering, then requested the review of the Board's action in the Circuit Court of Will County, Illinois, which declared his dismissal on the grounds that his letter was detrimental to the interests of the school system. Fortunately while on appeal the Supreme Court of Illinois affirmed the judgment. He was then able to requested review in the US Supreme Court and the high court granted certiorari. The US Supreme Court ruled eight votes for Pickering and one vote against. Their decision declared that absent proof of the letter containing fabricated statements along with him speaking on issues of public importance could not furnish the basis for the removal from his job as a teacher. The Legal provision that supported this case was the first amendment: freedom of Speech, Press, and Assembly. Essentially, because the letter showed to be no
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