Sunday, June 23, 2019
Public employment law Assignment Example | Topics and Well Written Essays - 500 words
Public employment law - Assignment Examplesuperintendent in informing or misinforming the districts taxpayers in the school of the reasons for non seeking additional revenue in the form of tax (Haynes, 2003).The boards position on the issue was that the contents of the letter were fabricated thus leading to the ignition of Mr. Pickering from the teaching staff. The teacher appealed the decision on the basis of a violation of his rights as represented in the first and the fourteenth amendments that gave the teacher the right to tell out as a loyal citizen on any issue of public interest. Both the Will County Circuit Court and the Illinois Supreme Court subsequently analyzing the issue affirmed the Boards decision to dismiss the teacher. Only the U.S Supreme court found reasonable ground to overturn the dismissal base on a violation of the freedom of speech as made possible by the First Amendment (Haynes, 2003).A keen analysis of the issues surrounding this slick reveals various flaws and rationality depending on the perspective one views it. For instance, if it were considered from the aspect that Mr. Pickering was a citizen of the United States, then, he was acting within his legal limits by commenting on the demeanour of the Educational Board. Such issues as he rose are by all means of great public interests since they constitute mismanagement of funds.However, the most formal way to view this issue is perhaps that of the First Amendment. Mr. Pickering was justified in claiming that his right of expression was maybe violated. He has reasonable grounds to argue so since, after all, all citizens are protected in their speech. What Mr. Pickering did not consider was probably the facts also enshrined in the First Amendment under which this freedom of speech is not guaranteed and which it can actually be regarded as an abuse of the rights bestowed on an individual. This is the view that the law holds in as far as employment law is concern (Haynes, 2003).Wh ile the constitution protects Mr. Pickering
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.