David Rubin - The rights of teachers: the basic ACLU guide to a teachers constitutional rights
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The rights of teachers: the basic ACLU guide to a teachers constitutional rights
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Quality education depends on preserving a teachers freedom of expression and habits of openmindedness and critical inquiry. But in the classroom or the community, teachers may find their principles and standards challenged by school authorities or public officials. This essential handbook describes the legal recourses and remedies available when injustices occur. The Rights of Teachers focuses on constitutionally protected activities in the classroom, with parents and students, and outside the school. It includes vital information on suing under civil rights acts for monetary and injunctive relief when a teachers rights are violated.
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David Rubin was until his recent retirement Deputy General Counsel of the National Education Association and also served as counsel to NEA's Kate Frank/DuShane Unified Legal Services Programa fund established for the protection of the rights of teachers. He has appeared in and argued cases involving the constitutional rights of teachers before the federal appellate courts, including the Supreme Court. Before his association with the NEA, Rubin was on the staff of the Civil Rights Division of the U.S. Justice Department and later became Deputy General Counsel and Acting General Counsel of the U.S. Commission on Civil Rights.
Steven Greenhouse is a reporter for The New York Times. He is a graduate of the New York University School of Law and the Columbia University Graduate School of Journalism and has clerked for a federal judge in New York City. His father is a high-school teacher.
Other Bantam Books in the series Ask your bookseller for the books you have missed
THE RIGHTS OF AUTHORS AND ARTISTS by Kenneth P. Norwick, Jerry Simon Chasen, and Henry R. Kaufman
THE RIGHTS OF THE CRITICALLY ILL by John A. Robertson
THE RIGHTS OF EMPLOYEES by Wayne N. Outten with Noah A. Kinigstein
THE RIGHTS OF GAY PEOPLE by Thomas B. Stoddard, E. Carrington Boggan, Marilyn G. Haft, Charles Lister, and John P. Rupp
THE RIGHTS OF PRISONERS by David Rudovsky, Al Bronstein, and Edward I. Koren
QUANTITY PURCHASES Companies, professional groups, churches, clubs and other organizations may qualify for special terms when ordering 24 or more copies of this title. For information, contact the Direct Response Department, Bantam Books, 666 Fifth Avenue, New York, N.Y. 10103. Phone (212) 765-6500.
AN AMERICAN CIVIL LIBERTIES UNION HANDBOOK
The Rights Of Teachers
The Basic ACLU Guide To A Teacher's Constitutional Rights
REVISED EDITION
DAVID RUBIN STEVEN GREENHOUSE
General Editor of this series: Norman Dorsen, President, ACLU
BANTAM BOOKS TORONTO NEW YORK LONDON SYDNEY
THE RIGHTS OF TEACHERS A Bantam Book / published by arrangement with the American Civil Liberties Union Bantam edition / January 1984
All rights reserved. Copyright 1968, 1971 by Thomas M. Disch. Revised edition copyright 1983 by the American Civil Liberties Union Cover art copyright 1983 by Bantam Books, Inc. This book may not be reproduced in whole or in part, by mimeograph or any other means, without permission. For information address: Bantam Books, Inc.
ISBN 0-553-23655-5
Published simultaneously in the United States and Canada
Bantam Books are published by Bantam Books, Inc. Its trademark, consistingof the words "Bantam Books" and the portrayal of a rooster, is Registered inU.S. Patent and Trademark Office and in other countries. Marca Registrada.Bantam Books, Inc., 666 Fifth Avenue, New York, New York 10103.
PRINTED IN THE UNITED STATES OF AMERICA
O 0 9 8 7 6 5 4 3 2 1
To Julie, Suzie, and Emmy
Acknowledgments for the Second Edition
We are indebted to Michael H. Gottesman, Robert Weinberg, Julia Penny Clark, David Silberman, Gary Sasso, Jerry D. Anker, Stephen J. Pollak, and Richard Sharp for many of the ideas and much of the analysis contained in this book. We would also like to thank Matthew Horowitz, Faith Hanna, Lawrence Dessem, and Joy Koletsky for making helpful comments and suggestions.
Contents
Preface
xi
Introduction
xiii
I
General Principles
1
II.
First Amendment Rights in Private Capacity
35
III.
Freedom of Expression in the Classroom
115
IV.
The Right of Privacy
140
V.
The Right to Due Process of Law
174
VI.
The Right to Equal Protection and Related Federal Statutory Rights
303
VII.
The Privilege Against Self-Incrimination
332
Appendix: Rights Against Discrimination Based on Sex and Pregnancy
335
Selected Bibliography
351
Page xi
Preface
This guide sets forth your rights under the present law, and offers suggestions on how they can be protected. It is one of a continuing series of handbooks published in cooperation with the American Civil Liberties Union (ACLU).
Surrounding these publications is the hope that Americans, informed of their rights, will be encouraged to exercise them. Through their exercise, rights are given life. If they are rarely used, they may be forgotten and violations may become routine.
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