Pickering v Board of Education
391 US 563 (1968)
by
Stonleigh Caswell

Facts of the Case

Before a proposed tax increase in Will County, Illinois, the District 205 Teachers’ Organization wrote articles in favor of the tax increase that were published in the local newspaper. The superintendent wrote a letter supporting the proposed tax increase that was also published in the newspaper. After the tax increase was defeated at the polls, Marvin L. Pickering, a teacher employed by the school district, wrote a letter to the editor criticizing the way the school board distributed money.  As a result, Pickering was fired after a full trial.  He brought the case to court arguing that his dismissal was a violation of his First and Fourteenth Amendment Rights.  The school board argued that under Illinois statute Pickering could be fired because the letter was “detrimental to the efficient operation and administration of the schools of the districts” and contained false statements. 

Decision of the Case

The Supreme Court ruled that firing Pickering violated his First and Fourteenth Amendment rights.

Basis for the Decision

The Supreme Court argued that Pickering’s dismissal was a violation of his First and Fourteenth Amendment rights because his statements, made as a citizen, concerned an issue of public welfare and were not directed towards people he had contact with on a daily basis while at work, and therefore would not have a detrimental effect on the working environment.  The Supreme Court also decided there was not sufficient evidence that the letter damaged the reputations of the members of the school board and the superintendent.  Also, the letter was written after the tax proposal had been defeated at the polls, and therefore could not have had an effect on the school’s ability to bring in revenue.  In regards to the false statements in the letter , the Supreme Court said that the amount of spending reported erroneously were matter of public record on which his position as a teacher did not qualify him to speak with any greater authority than any other taxpayer.