1. The Constitution and the Bill of Rights
(1) The First Amendment: Is Free Speech Really Free?
(2) Freedom of Religion v. Civic Duty, Conscience over Citizenship?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. The First Amendment and Free Speech: Is Speech in School Really Free?

3. The First Amendment: Free Speech in School
The First Amendment to the US Constitution guarantees free speech to all American citizens, including students.
The Right to Free Speech on behalf of students has been upheld by the Supreme Court:
Tinker v. Des Moines Independent Community School District (1969)—students were disciplined for wearing black armbands to protest the Vietnam War. Supreme Court ruled student free speech rights were violated. Expression that does not stop instruction or cause a disruptive disturbance is protected. This is the basis for modern student free speech rights in school.

4. Free Speech is Not Free There are restrictions on Free Speech
Speech that is knowingly designed to cause harm or injury is prohibited
Speech that is deliberately defamatory and meant to injure reputation is prohibited.
Speech that violates the community standard for decency is prohibited
There are restrictions on Student Speech
The extent to which the student speech in question poses a substantial threat of disruption (Tinker v. Des Moines Indep. Cnty. Sch. Dist.).
Whether the speech is offensive to prevailing community standards (Bethel School District v. Fraser).
Whether the speech, if allowed as part of a school activity or function, would be contrary to the basic educational mission of the school (Hazelwood v. Kuhlmeier).
Speech that is uncivil and rude can be banned by Administration. In Loco Parentis ([Latin, in the place of a parent.] The legal doctrine under which an individual assumes parental rights, duties, and obligations without going through the formalities of legal Adoption. Administrators have the rights of parents over students during the school day.

5. Teachers and Free Speech
Natalie Munroe is an Honors English Teacher at Central Bucks High School in Pennsylvania
She wrote in a blog titled “Where are we going and why are we in this handbasket” that included profanity laced comments about her students, other faculty and administration. In particular was a faux list of report card comments that were particularly cruel and cutting, as well as profane.
Natalie Munroe never identified herself, never named any students, nor did she identify her school. Her blog had 7 followers, her husband and 6 friends. The school had no social media policy regulating teachers.
The blog was discovered by students and parents in February 2011; she was suspended from class with intent to dismiss. She contested this, claiming 1st Amendment free speech protection.

6. Munroe Claims Free Speech Protection, saying she broke no rules, violated no policy and is protected in expressing her opinions by the 1st Amendment to the Connstitution Munroe further argues that the district is retaliating against her for exercising her right to free speech.

7. Central Bucks Backed Down; Munroe won the right to come back to her job
Central Bucks Blinked
Abe Lucabaugh Principal
Natalie Munroe was reinstated as teacher in August 2011.
The district claimed she had legal rights to her job, but no moral basis to claim it.
Abe Lucabaugh, principal of CBE and the Superintendent, Dr. Laws, made clear that they would not make it easy for Mrs. Munroe

8. Munroe Fired June 2012: Is there a case for a 1st Amendment Violation?
On June 7th 2012 Natalie Munroe was terminated for poor performance
Munroe had been observed 13 times by a series of administrators and given a teacher improvement plan
No other teacher was subject to such conditions and no other teacher was fired for poor performance last year.
Before the vote was taken to fire Munroe, she filed a federal lawsuit claiming her 1st Amendment rights were violated and she was set up to fail.
Munroe was Fired 6/7/12

9. Who is Right? Argument for Munroe Argument for CBE
Mrs Munroe’s comments caused an uproar that disrupted the function of the school, making her return impossible.
Mrs. Munroe’s position as a teacher means she is held to a higher professional standard and should be held accountable for her actions.
Mrs. Munroe’s freedom of speech is limited due to her professional status.
Mrs. Munroe’s blog was intended to be private, for family & friends.
She did not identify herself, students or school where she worked
She violated no written policy, guideline or law in posting to her blog
Her freedom of speech is absolute and unlimited by her professional status.

10. Freedom of Religion First Amendment Text of 1st Amendment
The First Amendment protects the freedom of religion
The First Amendment prohibits the government from establishing or endorsing a religion
A person may not be persecuted or harassed on the basis of religion
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”

11. Religious Conscience v. Civil Law
Religious law or Civil Law?
Kim Davis, the elected county clerk of Rowan County Kentucky is refusing to issue marriage licenses
She is responding to the Supreme Court decision legalizing same sex marriage in the US. The governor of Kentucky ordered all county clerks to issue marriage licenses. Davis is refusing based on religious principle.

12. Religious Conscience in Conflict with Law
Rule of Law
Kim Davis was found to be in contempt of court and sent to jail for 6 days by a Federal Judge
She has been released since her deputies have been issuing licenses in her absence.
Can a person be forced to violate religious conscience in the name of the rule of law?
Is a person’s religious conviction more important than civil law?