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foundations of our society but it must take into consideration other interests. Judge Johnson stated that a school district can not take away this right unless they have proven that the material or conduct interfered with school discipline. (p 134 - 135).

To illustrate this point, a Civics Studies teacher presented a race relations unit to his class in Stafford, Texas. The school received protests from parents about the way the teacher presented the material because he had presented his views about interracial marriage. The school instructed him to continue teaching the class by using the text book "and not discussing controversial issue." After the instructor replied that he could not teach modern issues without discussing controversial topics he was excused from his teaching duties. In this case, similarly to Bannish's, the authorities indicated that the teacher must be aware of fairness, but that the class was conducted with professionalism (p 137). The Cherry Creek School District has reinstated Mr. Bannish, with promises that he will be more cautious in the future.

It is also important to note who has interest and authority in cases such as these. In the Bannish case, more than one hundred students walked out of the school in protest after learning of the teacher's suspension (Pearson). Also several web sites hosted message boards for people to voice their opinions. Some radio program took calls from students who were concerned about how their own teachers presented topics in class. This could spur questions of public concern in curricular disputes. According to the text book, it seems that courts do not consider disagreements between teachers and school officials (over class curriculum) a matter of public interest. They are normally seen to be a typical employment disputes and that the choice of curriculum has never been granted to teachers but remains with the school district (p 136).

Since there have been several cases dealing with similar circumstances, the issues surrounding Mr. Bannish serve as a reminder of the rights of teachers and the right to freedom of speech. It also helps the public and other teachers understand the line between teaching a subject and presenting personal views, what their rights are, and who may have jurisdiction when such a case arises.

Sources

Fischer, Louis, et al. Teachers and the Law Sixth Edition. Pearson Educational
Group, Inc. 2003.

Interview with Jay Banning. Matt Lauer and Jay Banning. (The) Today Show. NBC.
6 March 2006.

Pearson, Rea. Teacher Who Compared Bush to Hitler Suspended. CBN News.com The
Christian News Network Inc. 2006. Accessed 12 March 2006.

Learn more about this author, Sarah Perryman.
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