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Pickering v. Board of Education (docket #: 510) (1968)  [Findlaw]

Argument Date 03/27/1968
Decided 6/3/1968
Supreme Court Vote 6-3-0
Supreme Court Ruling First Amendment claim upheld
IssueWhether a teacher's dismissal by the Board of Education for publishing a letter in a newspaper critical of the Board's allocation of funds violated his freedom of speech under the First Amendment.
Majority Opinion Marshall, J.
Concurring Opinion Douglas, J. (joined by Black, J.), & White, J. (concurring in part & dissenting in part)
Lower Court Illinois Supreme Court
Lower Court Ruling First Amendment claim denied
For Petitioner
John Ligtenberg

For Respondent
John F. Cirricione

For Amicus
Milton I. Shadur for the American Civil Liberties Union, Illinois Division (for petitioner)


Ruling - Lower Court
36 Ill. 2d 568, 225 N. E. 2d 1
"Court Upholds Board's Firing of Teacher," The Chicago Tribune, March 4, 1966, Sect. B, p. 11
"Fired Teacher Files Suit to be Reinstated," The Chicago Tribune, Jan. 7, 1965, Sect. W, p. 3
"Justices Extend Teachers' Free Speech Rights," The New York Times, June 4, 1968, p. 24
"Lockport Teacher Seeks New Ruling in Dismissal Suit," The Chicago Tribune, Feb. 2, 1967, Sect. IND2
"Teacher Right to Speak Up on Issues is OK'd," The Chicago Tribune, June 4, 1968, p. 7
"Union to Help Fired Teacher in Court Fight," The Chicago Tribune, Jan. 15, 1965, Sect. D, p. 9
Glubok, Norman, "Teacher Who Lost Job for Speaking Out Will Sue Board," The Washington Post, Dec. 21, 1964, Sect. C, p. 15
MacKenzie, John P., "Court Expands Speech Rights, Jury Selection," The Washington Post, June 4, 1968, Sect. A, p. 1
Moulton, Charlotte G. "U.S. Supreme Court Faces Many Controversial Cases," The Chicago Daily Defender, March 4, 1968, p. 12
Blasi, Vincent, "The Checking Value in First Amendment Theory," 1977 Am. B. Found. Res. J. 521
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), Sect.
Elrod, Jennifer, "Academics, Public Employee Speech, and the Public University," 22 Buff. Pub. Int. L.J. 1(2003)
Finkin, Matthew, "Intramural Speech, Academic Freedom, and the First Amendment," 66 Texas L. Rev 1232 (1988)
Massaro, Toni, "Significant Silences: Freedom of Speech in the Public Sector Workplace," 61 S. Cal. L. Rev. 1 (1987)
Note, "Politics and the Non-Civil Service Public Employee: A Categorical Approach to First Amendment Protection," 85 Colum. L. Rev. 558 (1985)
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