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Right and Wrong

Madison A. Smith
Dr. Ce Isbell
College of Southern Nevada: Edu 210-1001
September 2014

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Ann Griffin is a white tenured teacher, who works at a primarily black high school.
During a heated conversation with Freddie Watts, principal, and Jimmy Brothers, assistant
principal, who are both African-American, she stated that she, hated all black folks. It
eventually reached among other teachers who were both black and white, and neither were
happy. When word leaked on her statement, it caused negative reactions among colleagues both
black and white. The principal was concerned about her ability to treat students fairly, her
judgment, and competency as a teacher; he recommended to dismiss the Griffin.
Within the next paragraphs are examples of cases supporting the fact that Griffin should
be terminated.
In the Melzer v. Board of Education of the City School District of the City of New York,
it states that Melzer was terminated because he was a part of the North American Man/Boy Love
Association (NAMBLA) where they are strong believers in man to adolescent sexual
relationships (Julie Underwood, 2006). In a case that Griffin gave her statement in front of
students rather than administrators, I would assume that students would feel uncomfortable and
not know exactly what to do in the situation. Same goes for any students Melzer had contact
with. While it is unclear whether students were aware of Griffins statement many students knew
about Melzer, The students themselves held a 300-400 person assembly on March 11, 1993,
where a majority of the 30-40 students who spoke opposed plaintiff's continued employment
(MELZER v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY
OF NEW YORK, 2003). Students wanted Melzer to be fired and concluding that students also
would feel the need to have Griffin terminated.
Everyone deserves their right for freedom of speech, however, under certain
circumstances that right has been pushed too far. In Pickering v. Board of education, where a

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high school teacher wrote a letter, to a local newspaper, that criticized the funds between
academics and athletics. He was terminated, then he sued saying he had First Amendment rights.
The Supreme Court of Illinois decided that he indeed violated his right under the First
Amendment because he falsely accused the school of its placement of funds (Pickering v. Board
of Education , 391 U.S. 563 (1968, 2014). While she does have her right to say that she hates all
black people it interferes with herself as a citizen and herself as a teacher. She violated that right
when she said it and word circulated about what she had said, that will always be a touchy
subject, so many people would fight to have her terminated. There are certain things a teacher
should never say or do even if it is their write and saying she hates all black people is one of
them.
The Final Paragraphs are cases as to why Griffin should not be terminated.
Then Griffin also does have protection under the First Amendment and she is a tenured
teacher. In the case of Perry v. Sindermann, there is a teacher in a similar position as Griffin.
Texas does not have an actual tenured system so they create what is called a de facto tenure,
which gives people the same rights as tenure, but they still have year to year contracts. Robert
Sindermann taught at a local college for ten years. His contract was not renewed after a
disagreement with an administrator, and he did not receive a hearing. So he sued, claiming this
violated his First and Fourteenth Amendment rights (Perry v. Sindermann, 2014). There is not
enough information as to whether Griffin is terminated without a hearing or not, but if this were
the case this would be a way for her to win. The most common aspect of these two cases is the
fact that both people had disagreements with an administrator, which could be argued does not
violate the First Amendment. A rebuttal that could stop her termination is that she is entitled to
her opinion and she did not say it in front of any students. What she thinks has no effect on how

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she teaches. This case would support a rebuttal to what was stated previously as a violation of the
First Amendment.
Finally in the Warren v. Board of Education of the City of St. Louis, A principal acted
unreasonably by ordering a teacher to undergo a drug test after the teacher exhibited aggressive,
erratic and argumentative behavior (Julie Underwood, 2006). The principal needed more
evidence from the teacher to do a drug test, so either way the results turned out to be, he was in
the wrong. Stated earlier Griffins principal questioned her ability as a teacher by the sole fact
that she said, she hated all black people, and he cannot go on that one fact alone. The
comments she makes have no effect on her teaching ability. If he wanted to terminate her he
would have to go into her class while she taught before determining whether or not her hatred
towards black people affected her students.
After reviewing all of the casesMelzer v. Board of Education of the City School
District of the City of New York; Pickering v. Board of education; Perry v. Sindermann; and
Warren v. Board of Education of the City of St. LouisI concluded that Ann Griffin should be
terminated from the school. In the end everyone at that school building is there for one reason
and one reason only: the children. In the Melzer v. Board of Education of the City School
District of the City of New York case he was terminated because it made children feel
uncomfortable in his class. The likely chance that children were around when Griffin gave her
statement, or word circulated back to them, the students would feel uncomfortable being in her
classroom. Then in the case of Pickering v. Board of education he violated his First Amendment
right and so did Griffin. She is in her work environment and is the wrong place to voice hatred
towards one race. Everyone is equal no matter what one person thinks or does and Griffin was

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being erroneous with her statement. Two African Americans do not make up a whole race. If I
were a parent of one of her students, I would pull them out until she was terminated.

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References
Julie Underwood, L. D. (2006). School Law For Teachers. New Jersey: Jeffery W. Johnston .

MELZER v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF

NEW YORK. (2003, July 16). Retrieved from Find Law For Legal Professionals :
http://caselaw.findlaw.com/us-2nd-circuit/1484196.html

Perry v. Sindermann. (2014, September 18). Retrieved from CaseBriefs :

http://www.casebriefs.com/blog/law/administrative-law/administrative-law-keyed-tolawson/constitutional-constraints-on-agency-procedure/perry-v-sindermann/

Pickering v. Board of Education , 391 U.S. 563 (1968. (2014, September 18). Retrieved from
First Amendment Center: http://www.firstamendmentschools.org/freedoms/case.aspx?
id=317