Jossey-Bass Publishers, 1990. It is hoped that we should expect more of our teachers than that they not be felons or abuse their students. Teachers may not be discharged for exercising their constitutional rights. Teachers may have significant rights of due process that must be respected in attempts to pursue a charge of immorality. Courts will balance the rights of the teacher against the requirements of the efficient management of the school.
Teachers continue to have such rights as are available to all citizens.
The interest of the school administration in limiting teachers' opportunities to contribute to public debate is not significantly greater than its interest in limiting similar contribution by any member of the general public. Teachers may also have a property right in their jobs. The granting of tenure confers a property interest in a teaching position. Teachers may be dismissed for immoral conduct when that conduct might adversely affect students or the school program. The judgment of whether immoral conduct does have such effects depends very much on the circumstances.