Daniel C. Smith , Teacher - Case Study Example

He entered into a discussion with the talk show host about teaching the African history in his class during the black history month. Procedural history The case was authored in the United States Supreme Court. This is where the proceedings started and the decision was made. The decision made was based on a motion summary of the judgment. The case was decided after all the evidence and interpolation of all constitutional issues were interpreted and considered in the case. Issues After the case was put before the judges several witnesses and information concerning the case was produced.

He was given a chance to prove his case. School superintendent testified that he received a call from his secretary about calls that were being made into a radio show about a statement made by one of the teachers. The comments were about a banner hanged that read, “200 years of United States history, 2000 years of African history” the teacher continued and added his comments to “in 200 years we went to the moon. After 2000 years they are still urinating in the drinking and bathing water.

” The superintendent responded to one of the messages from a group called Media watchdog. The group said it had a recording of the telephone conversation made to the radio show but they could not identify the caller. Daniel, who was later on identified as the caller, was given a chance to respond to the claims. . In this case, there are two conflicting rules that are supposed to be considered. The constitution of the United States advocates for freedom of speech, while the ethics of public servants are asked to carry themselves with decor.

The court will also look at the impact that the remarks had on the community. In addition, the intention of the remark will be a focus point. The court will try to make its decisions while considering all these facts. Analysis The court has heard all the comments and arguments from both sides. The court has heard what Mr. Daniels had to say about the accusations before the court he has been given to respond to the accusations. The remarks made that “in 200 years we went to the moon. After 2000 years they are urinatinging and drinking water”, are at the center of the case.

These remarks were made in reference to the Africa history month. In making its decision the court will consider the repercussions that the remarks have in the community. The constitution is clear on how such malicious remarks should be treated. The respondent is a civil servant does not allow him to make sue constitution freedom approach is guaranteed responsibility. Such remarks can cause unrest in the county. The comments attracted a lot of attention from the media and other centers. This could affect a lot the subsa1tantive due process of the case.

Many views on how the case should go were aired. On February 10, 2002, a concerned citizen wrote a letter the governor of the state. The letter was written by Mrs. C. Scott is protesting the treatment of Mr. Daniel. She stated that Mr. Daniel was simply exercising his freedom of speech. She demanded an investigation to be done about the case. On February 12, 2002, a board