Facts of the Case
Marvin Pickering, a school teacher, wrote a letter to the editor at the Lockport Herald complaining about a recently defeated school board proposal to increase school taxes. The letter complained about the board’s handling of past proposals and allocation of funds favoring athletics over academics. The school board felt the letter was “detrimental to the efficient operation and administration of the schools” and opted to terminate Pickering’s employment. Pickering sued in the Circuit Court of Will County alleging his letter was speech protected under the First Amendment. The court ruled in favor of the school board and the Supreme Court of Illinois affirmed.
Questions
Was Pickering’s letter constitutionally-protected free speech?
Conclusions
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Yes. Justice Thurgood Marshall wrote the 8-1 majority opinion holding that Pickering’s dismissal violated his First Amendment right to free speech. The Supreme Court noted that similar speech is not protected if it contains false statements knowingly or recklessly made. There was no evidence that Pickering’s statements were knowingly false or reckless.
Justice William O. Douglas concurred, but took an even broader view of protected free speech. Justice Hugo L. Black joined in the concurrence. Justice Byron R. White wrote a dissent, agreeing that the letter may be protected speech, but preferring to remand the case for further proceedings to decide whether the statements in the letter were knowingly or recklessly false.
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