Settle v. Dickson County School Board, Settle v. Dickson County School Board, 53 F.3d 152 (6th Cir. 1995)

Facts:

A teacher at Dickson County Junior High School assigned a research paper to students. Each student was to sign up for the topic of his or her choice, which then required approval of any changes. Brittany Settle, a student in the class, originally signed up for a paper about drama, but later changed her topic to "The Life of Jesus" without approval. The teacher refused to accept Ms. Settle's paper and, when she refused to write on another topic, the student received a zero for the assignment. After exhausting the appeals process within the school system, Ms. Settle's father brought suit against the school, claiming that his daughter's free speech rights had been infringed. The teacher defended herself by providing six reasons for her decision.

Issue:

Whether a teacher violated a student's free speech rights by refusing to accept her paper on the Life of Jesus after she was instructed to write on another topic.

Holding:

In a 3-0 decision, a Sixth Circuit panel held that a teacher retains control over curriculum and assignments, and this control includes the power to determine the educational requirements of an assignment and enforcement of such requirements.

Reasoning:

Teachers must retain control over their classrooms and their curriculums. This includes authority over grades and assignments. A student's free speech rights are not violated by having to abide by the criteria set by the teacher. The court indicated it would only become involved in mistakes made by teachers when they indicated real intrusions on First Amendment rights.

Majority:
"Teachers . . . must be given broad discretion to give grades and conduct class discussion based on the content of speech." (Judge Gilbert S. Merritt)

Dissent:
"I do not believe . . . that the majority correctly states the law in this regard by holding, 'learning is more vital in the classroom than free speech.'" (Judge Alice M. Batchelder)

Last updated: Thursday, September 9, 2010 | 01:12:53