Subject: RE: Spectator coverage of a current issue Date: Thu, 12 May 2005 10:02:37 -0500 Message-ID: <376546015E56D640AB10F112B8127DDF0131E31E@PEPSI.uwec.edu> From: "Wesenberg, Nancy Christine" <WESENBNC@uwec.edu>
In the LGBT Center letter, we mention that everyone knows that LGBT
students face potential hostility from some of their peers, and we
believe that public school teachers, regardless of their private views,
need to role model respectful behavior and encourage mutual
understanding and respect, or, at the very least, tolerance of
differences. I think we can argue that how students are treated in
public schools is definitely a matter of public concern. It has been
since Columbine occurred. Nancy
________________________________
From: Mowry, Donald D.
Sent: Thursday, May 12, 2005 9:47 AM
To: Alea, Mary Ellen; Wesenberg, Nancy Christine; Hale, C. Kate;
sfpj@listserve.uwec.edu
Subject: RE: Spectator coverage of a current issue
Dear SFPJ list members,
I am new to the list and someone may have already shared this resource,
but a helpful site on the web is the First Amendment Schools project at
www.firstamendmentschools.org
I really do not yet understand all the specifics and intricacies of this
issue. It seems that no matter how quick I am to defend the teacher in
this case, it is also important to understand many other factors, such
as what the school board has in place regarding the approved curriculum.
I am not a lawyer, and over the past year I have learned how complex and
dynamic the law can be in controversial areas.
For example, from the website mentioned above is the following entry
under frequently asked questions:
Does a school violate the First Amendment if it disciplines a teacher
for speech that touches on a matter of public concern?
It depends. It is important to remember that the test developed by the
Pickering-Connick line of cases has two basic prongs. First, the court
must determine whether the speech in question touches on a matter of
public concern. If it does not, the teacher will not receive any First
Amendment protection. If the speech does touch on a matter of public
concern, the court proceeds to the balancing prong of the test. At that
point, the court must balance the public school teacher's interest in
commenting upon a matter of public concern against the school officials'
interest in promoting an efficient workplace of public service.
Some balancing factors for a court to consider include
* whether the statement impairs discipline by superiors or harmony
among coworkers,
* whether the statement has a detrimental impact on close working
relationships for which personal loyalty and confidence are necessary,
and
* whether the speech in question interferes with the normal
operation of the employer's business.
Sometimes in considering these factors, the courts will side with school
officials in a First Amendment lawsuit although the public school
teachers' speech touches upon a matter of public concern. In one recent
case, for example, the Eighth Circuit determined that a school principal
did not violate the First Amendment rights of three teachers who were
ordered to quit talking about the care and education of special needs
students.1
<http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12820#foot1>
Subsequent appeals in the case acknowledged that the teachers'
complaints about the lack of care for special needs students touched on
matters of public concern. Nonetheless, the appeals court noted that the
teachers' speech "resulted in school factions and disharmony among their
co-workers and negatively impacted [the principal's] interest in
efficiently administering the middle school."2
<http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12820#foot2>
Conversely, the Eleventh Circuit reached a different conclusion in the
case of Belyeu v. Coosa County Board of Education.3
<http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12820#foot3>
In this decision, a teacher's aide alleged that school officials failed
to rehire her because of a speech she made about racial issues at a PTA
meeting. The aide said the school should adopt a program to commemorate
Black History month. Immediately after the meeting, the principal asked
to speak with her and told her he wished she had raised this issue
privately rather than publicly. A lower court determined that the speech
clearly touched on a matter of public concern, but that the school
system's interest in avoiding racial tensions outweighed the aide's
right to free speech. On appeal, however, the Eleventh Circuit reversed,
writing that the aide's "remarks did not disrupt the School System's
function by enhancing racial division, nor, based on the nature or
context of her remarks, was her speech likely to do so."4
<http://www.firstamendmentschools.org/freedoms/faq.aspx?id=12820#foot4>
Notes
1 Fales v. Garst, 235 F.3d 1122 (8th Cir. 2001).
2 Id. at 1124.
3 Belyeu v. Coosa County Bd. of Education, 998 F.2d 925 (11th Cir.
1993).
4 Id. at 929.
Given the legal decisions above, and if this does become a longer,
protracted struggle over which matters of public concern are accepted as
appropriate to discuss in our local public schools, it may be critical
to be as informed as possible. It also seems to suggest that it may also
be important to participate in these "difficult dialogues" in a calm and
respectful manner, so as not to disrupt the school functioning, as this
could be used to justify denying First Amendment rights of teachers to
include certain matters of public concern in the curriculum.
Just my current thoughts, Don Mowry
________________________________
From: sfpj-request@listserve.uwec.edu
[mailto:sfpj-request@listserve.uwec.edu] On Behalf Of Alea, Mary Ellen
Sent: Thursday, May 12, 2005 9:14 AM
To: Wesenberg, Nancy Christine; Hale, C. Kate; sfpj@listserve.uwec.edu
Subject: Re: Spectator coverage of a current issue
Question: where is the principal in all of this. It seems to me his
voice has been quiet. I thought he was a stand-up kind of guy. --ME
Alea
On 5/12/05 9:00 AM, "Wesenberg, Nancy Christine" <WESENBNC@uwec.edu>
wrote:
Just for your information, The board of directors of the LGBT
Center of the Chippewa has crafted a letter in support of Beth Franklin
which will be delivered to the School Board and the L-T today. N.
Wesenberg
________________________________
From: sfpj-request@listserve.uwec.edu
[mailto:sfpj-request@listserve.uwec.edu] On Behalf Of Hale, C. Kate
Sent: Thursday, May 12, 2005 8:19 AM
To: SFPJ
Subject: FW: Spectator coverage of a current issue
Colleagues,
This is disheartening-the rally at Clairemont yesterday was well
attended and the energy there was good. But this response, these
additional comments from Mr. Bennett, really troubles me.
We need to stay alert and to be prepared to act as necessary.
Kate Hale
English
------ Forwarded Message
From: "Phillips, William H." <philliwh@uwec.edu>
Date: Thu, 12 May 2005 06:42:16 -0500
To: "ENGL.STAFF" <ENGL.STAFF@uwec.edu>
Subject: Spectator coverage of a current issue
The Spectator - Campus News
Issue: 5/12/05
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Discussion, photo of student angers parents
By Karline Koehler
Eau Claire community members are divided after a local high
school teacher showed photographs of transgendered UW-Eau Claire senior
Jessica Janiuk's face as part of a discussion about lesbian, gay,
bisexual and transgendered people.
On April 14, Memorial High School English teacher Beth Franklin
showed classes photos of Janiuk's face before and after (see photo) her
sex change. The lesson took place during the Day of Silence, an event
"to recognize and protest the discrimination and harassment" against
LGBT people.
During the discussion, one student walked out of the classroom.
His father, Neal Bennett, filed a complaint against the school board,
stating the situation constituted harassment.
"She's taking her own agenda and she is forcing it on the
students," Bennett said. "It doesn't matter what that agenda is - if
it's a controversial issue, that's wrong."
Franklin is the adviser for GLASS, Memorial's LGBT student
group. She declined to comment for this article.
"This whole incident is the very reason that the Day of Silence
even exists," Janiuk said. "This is an attempt of a large community to
silence minority groups. I won't stand by and let that happen."
That's why Janiuk organized a rally in support of Franklin
Wednesday at the corner of Keith Street and Clairemont Avenue.
"Her lesson was in line with all the policies of the school,"
Janiuk said. "The problem here is ignorance. It's not bigotry; it's not
hate speech. The only way to fight ignorance is through education."
However, Bennett said he believes such discussions can be
harmful to still-maturing high school students.
"They may look like they're adults, but they're teenagers," he
said. "They have a lot of stuff that they're trying to figure out."
Janiuk said the parents' criticism of Franklin's teaching was
also personal.
"Even though he may not have directed it at me, it attacked me,"
she said. "It's not an easy thing to deal with, knowing a sizeable part
of the town is upset that you exist."
Bennett said parents should have been notified ahead of time
about the discussion and given the option to remove their children.
"You can talk about gays, but there are times when that
discussion needs to stay away from the students. It becomes offensive to
people," Bennett said. "If someone decides to do that to their own body,
that's a very private issue."
Janiuk disagreed.
"They're not private issues, they're life issues," she said.
"They're no more private than your ethnicity or your family. That's who
you are and there's nothing wrong with expressing it. It doesn't have to
be kept secret."
In addition to the rally, Janiuk said, she is organizing an
educational panel and forum at Memorial in response to the debate. She
also plans to meet with the school's principal.
"I've had a lot of people say, 'Jess, just tell me where to be,'
" Janiuk said. "I'm not concerned (for myself). It's for everyone who is
now being told they're not welcome here."
In early May, the school board received an unsigned letter from
parents objecting to sexual and political issues in the classroom.
Bennett said the group is asking for the school's administration and
staff to be retrained on rules, for the school to enforce a dress code
for teachers banning "offensive" clothing such as "rainbow-colored
necklaces," for the school board to hold a forum with parents twice a
year and for the educational system to "return to American heritage and
tradition in the classroom."
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