pickering board education argued march decided june appellee board education dismissed appellant teacher writing publishing newspaper letter criticizing board allocation school funds educational athletic programs board superintendent methods informing preventing informing school district taxpayers real reasons additional tax revenues sought schools hearing board charged numerous statements letter false publication statements unjustifiably impugned board school administration board found statements false charged concluded publication letter detrimental efficient operation administration schools district interests school require appellant dismissal applicable statute evidence hearing effect appellant statements community school administration illinois courts reviewing proceedings solely determine whether board findings supported substantial evidence whether board reasonably conclude publication detrimental best interests schools upheld dismissal rejecting appellant claim letter protected first fourteenth amendments ground teacher refrain making statements schools operation absence position undoubted right engage held theory public employment may denied altogether may subjected conditions regardless unreasonable uniformly rejected keyishian board regents teacher interest citizen making public comment must balanced state interest promoting efficiency employees public services statements appellant substantially correct regarded matters public concern presented questions faculty discipline harmony hence statements afforded proper basis board action dismissing appellant pp appellant statements false likewise concerned issues currently subject public attention neither shown presumed interfered appellant performance teaching duties schools general operation thus entitled protection made member general public absent proof false statements knowingly recklessly made justify board dismissing appellant public employment new york times sullivan pp john ligtenberg argued cause appellant briefs andrew leahy john cirricione argued cause filed brief appellee milton shadur filed brief american civil liberties union illinois division amicus curiae urging reversal justice marshall delivered opinion appellant marvin pickering teacher township high school district county illinois dismissed position appellee board education sending letter local newspaper connection recently proposed tax increase critical way board district superintendent schools handled past proposals raise new revenue schools appellant dismissal resulted determination board full hearing publication letter detrimental efficient operation administration schools district hence relevant illinois statute rev interests school require dismissal appellant claim writing letter protected first fourteenth amendments rejected appellant sought review board action circuit county affirmed dismissal ground determination appellant letter detrimental interests school system supported substantial evidence interests schools overrode appellant first amendment rights appeal illinois two justices dissenting affirmed judgment circuit noted probable jurisdiction appellant claim illinois statute permitting dismissal facts case unconstitutional applied first fourteenth amendments reasons detailed agree appellant rights freedom speech violated reverse prior vote second tax increase proposal variety articles attributed district teachers organization appeared local paper articles urged passage tax increase stated failure pass increase result decline quality education afforded children district schools letter superintendent schools making point published paper two days election submitted voters mimeographed form following day response foregoing material together failure tax increase pass appellant submitted letter question editor local paper letter constituted basically attack school board handling bond issue proposals subsequent allocation financial resources schools educational athletic programs also charged superintendent schools attempting prevent teachers district opposing criticizing proposed bond issue board dismissed pickering writing publishing letter pursuant illinois law board required hold hearing dismissal hearing board charged numerous statements letter false publication statements unjustifiably impugned motives honesty integrity truthfulness responsibility competence board school administration board also charged false statements damaged professional reputations members school administrators disruptive faculty discipline tend foment controversy conflict dissension among teachers administrators board education residents district testimony introduced variety witnesses truth falsity particular statements letter board took issue board found statements false charged evidence introduced point proceedings effect publication letter community whole administration school system particular specific findings along lines made illinois courts reviewed proceedings solely determine whether board findings supported substantial evidence whether facts found board reasonably conclude appellant publication letter detrimental best interests schools pickering claim letter protected first amendment rejected ground acceptance teaching position public schools obliged refrain making statements operation schools absence position undoubted right engage altogether clear whether illinois held first amendment applicability appellant dismissal writing letter question whether determined particular statements made letter entitled first amendment protection event clearly rejected pickering claim facts case constitutionally dismissed teaching position ii iii examination statements appellant letter objected board reveals like letter whole consist essentially criticism board allocation school funds educational athletic programs board superintendent methods informing preventing informing district taxpayers real reasons additional tax revenues sought schools statements way directed towards person appellant normally contact course daily work teacher thus question maintaining either discipline immediate superiors harmony among coworkers presented appellant employment relationships board somewhat lesser extent superintendent kind close working relationships persuasively claimed personal loyalty confidence necessary proper functioning accordingly extent board position taken suggest even comments matters public concern substantially correct statements appellant letter see appendix infra may furnish grounds dismissal sufficiently critical tone unequivocally reject next consider statements appellant letter agree false board original charges included allegations publication letter damaged professional reputations board superintendent foment controversy conflict among board teachers administrators residents district however evidence support allegations introduced hearing far record reveals pickering letter greeted everyone main target board massive apathy total disbelief board must therefore decided perhaps analogy law libel statements per se harmful operation schools however way board conclude absent evidence actual effect letter statements contained therein per se detrimental interest schools equate board members interests schools certainly accusation much money spent athletics administrators school system precisely import portion appellant letter containing statements found false see appendix infra reasonably regarded per se detrimental district schools accusation reflects rather difference opinion pickering board preferable manner operating school system difference opinion clearly concerns issue general public interest addition fact particular illustrations board claimed undesirable emphasis athletic programs false normally necessary impact actual operation schools beyond tendency anger board example pickering letter written defeat polls second proposed tax increase therefore effect ability school district raise necessary revenue since showing proposal increase taxes pending letter written importantly question whether school system requires additional funds matter legitimate public concern judgment school administration including school board society leaves questions popular vote taken conclusive question free open debate vital informed electorate teachers class members community likely informed definite opinions funds allotted operation schools spent accordingly essential able speak freely questions without fear retaliatory dismissal addition amounts expended athletics pickering reported erroneously matters public record position teacher district qualify speak greater authority taxpayer board easily rebutted appellant errors publishing accurate figures either via letter newspaper otherwise thus presented situation teacher carelessly made false statements matters closely related operations schools harmful impact public difficult counter teacher presumed greater access real facts accordingly occasion consider time whether circumstances school board reasonably require teacher make substantial efforts verify accuracy charges publishing us case teacher made erroneous public statements upon issues currently subject public attention critical ultimate employer neither shown presumed way either impeded teacher proper performance daily duties classroom interfered regular operation schools generally circumstances conclude interest school administration limiting teachers opportunities contribute public debate significantly greater interest limiting similar contribution member general public iv also indicated general terms statements public officials matters public concern must accorded first amendment protection despite fact statements directed nominal superiors garrison louisiana wood georgia garrison new york times test specifically applied case involving criminal defamation conviction stemming statements made district attorney judges regularly appeared criminal sanctions damage awards somewhat different impact exercise right freedom speech dismissal employment apparent threat dismissal public employment nonetheless potent means inhibiting speech already noted disinclination make equation dismissal public employment remarks critical superiors awarding damages libel suit public official similar criticism however case present one fact employment tangentially insubstantially involved subject matter public communication made teacher conclude necessary regard teacher member general public seeks sum hold case absent proof false statements knowingly recklessly made teacher exercise right speak issues public importance may furnish basis dismissal public employment since showing made case regarding appellant letter see appendix infra dismissal writing upheld judgment illinois must accordingly reversed case remanded proceedings inconsistent opinion ordered appendix opinion appellant letter letters editor graphic newspapers thursday september enjoyed reading back issues paper loaned perhaps others enjoy reading order see far two new high schools deviated original promises board education first let state referring february thru november issues paper checked one statement paper declared swimming pools athletic fields auditoriums left program may left got put back quickly lockport west auditorium athletic field fact lockport west better athletic field lockport central track quite regulation distance even though board spent thousand dollars whose fault oh forgot supposed first place must fallen sky responsibility touched letters seems one ca help noticing saying school facilities think promises promises since seems problem getting facts voter twice defeated bond issue many letters written paper probably follow feel must say something letters writers many letters give whole story letters board administration stated teachers salaries total one year must total payroll otherwise teachers getting year teach high school know case however shows stop nothing attitude illustrate know superintendent told teachers quote teacher opposes referendum prepared consequences think gets reason problems passing bond issues threats take something away insults voters free society try sell program merits remember letters entitled district teachers speak think voters know letters written agreed five six teachers teachers high school fact many teachers even know writing know letters approval superintendent put paper kind totalitarianism teachers live high school children go school last week paper letter written uninformed teachers threatened close school cafeteria fire personnel ridiculous insults intelligence voter properly managed school cafeterias cost school district money cafeteria losing money board packing free lunches athletes days athletic contests whatever case taxpayer child pay lunch instead pay free lunches athletes reply letter board administration probably state lunches paid receipts games receipts pay year spending varsity sports neglecting wants teachers see need increase transportation tax unless voters want keep paying year transport athletes home practice away games etc rest made coaches salaries athletic directors salaries baseball pitching machines sodded football fields thousands dollars sports equipment things right provided enough money sod football fields borrowed money able pay teachers salaries getting cart horse things enough look east high doors many classrooms plant room without sunlight water first aid treatment room many things taxpayers really taken cleaners part sidewalk front building already collapsed maybe hess interested know need blinds windows building also board must forgotten going spend west building east building see bond issue fight board education trying push athletics throats education public mixed emotions items feel already paying enough taxes simply know trust tax money must sign letter citizen taxpayer voter teacher since freedom taken teachers administration really know goes behind stone walls high school respectfully marvin pickering analysis sum board first stated certain facilities included new high schools economy measure changed mind defeat first bond issue decided include facilities previously omitted never specifically even generally indicated taxpayers change appellant claim original plans disclosed public deviated buildings actually constructed thus substantially correct characterization board prior statement promise fair matter opinion board conclusion contrary based determination appellant statement referred literature distributed second bond issue campaign unreasonable ignores word original modifies promises appellant letter appellant stated board incorrectly informed public teachers salaries total per year board found statement false however superintendent schools admitted way board figure regarded accurate change word teachers instructional whereby salaries deans principals librarians counselors four secretaries district three high schools included total appellant characterization board figure incorrect thus clearly accurate pickering claimed superintendent said teacher support bond issue referendum prepared consequences board found claim false however statement corroborated testimony two teachers although superintendent denied making remark attributed illinois appears agreed something along lines stated appellant said since relied upholding board finding appellant version remark false testimony one two teachers interpreted remark prediction adverse consequences schools referendum pass rather threat noncooperation teachers however teacher testified know interpret remark accordingly appellant may misinterpreted meaning remark misreport appellant letter stated letters teachers newspapers approval superintendent submitted publication board relied finding statement false testimony superintendent approval required however handbook teachers district specifically stated time material submitted local papers checked building principal submitted triplicate publicity coordinator particular teachers letters appellant specifically referring letter fact submitted superintendent prior publication thus statement substantially correct four statements challenged board factually incorrect varying degrees appellant letter implied providing athletes schools free lunches meant students must pay instead lunches statement erroneous discontinuing free lunches athletes permitted small decrease charge lunch students decrease brought price appellant claimed board spending year athletics neglecting wants teachers claim incorrect per year figure included nonrecurring capital expenditures appellant also claimed board spending year transportation athletes claim completely false expenditures travel athletes per year finally appellant stated football fields sodded borrowed money board unable pay teachers salaries statement substantially correct football fields sodded borrowed money money spent proceeds part bond issue fairly characterized borrowed incorrect insofar suggests district teachers actually paid upon occasion correct taken mean board times difficulty obtaining funds pay teachers manner last four statements false perfectly consistent error evidence record show anything carelessness insufficient information responsible made footnotes set appendix detailed analysis specific statements appellant letter board found false together reasons concluding several statements contrary findings board substantially correct possible conceive positions public employment need confidentiality great even completely correct public statements might furnish permissible ground dismissal likewise positions public employment relationship superior subordinate personal intimate nature certain forms public criticism superior subordinate seriously undermine effectiveness working relationship also imagined intimate views resolve specific instances situations merely note significantly different considerations involved cases likewise occasion furnished case consideration extent teachers required narrowly drawn grievance procedures submit complaints operation schools superiors action thereon prior bringing complaints public also note case present situation teacher public statements without foundation call question fitness perform duties classroom case course statements merely evidence teacher general competence lack thereof independent basis dismissal conclude appellant statements knowingly recklessly false occasion pass upon additional question whether statement knowingly recklessly false neither shown reasonably presumed harmful effects still protected first amendment see also supra shall bother enumerate statements board found false triviality readily apparent board rationally considered detrimental interests schools regardless truth falsity regularly held constitutional rights issue independent examination record made order controlling legal principles may applied actual facts case norris alabama pennekamp florida new york times sullivan however even cases upholding rejection constitutional claim turns resolution factual questions also consistently give great controlling weight findings state courts present case trier fact body also victim appellant statements prosecutor brought charges aimed securing dismissal state courts made independent review record simply contented ascertaining accordance statute whether substantial evidence support board findings appellant requests us reverse state courts decisions upholding dismissal independent ground procedure followed deprived due process afforded impartial tribunal however appellant makes contention first time raised point state proceedings decline treat appellant claim independent ground decision case hand propose blind obvious defects process occasioned board multiple functioning appellant compare tumey ohio murchison accordingly since state courts time given de novo consideration statements letter feel free examine evidence case completely independently afford little weight factual determinations made board justice white concurring part dissenting part holds truthful statements school teacher critical school board within ambit first amendment also false statements innocently negligently made state may fire teacher making either unless gather special circumstances present case demonstrating overriding state interest need confidentiality special obligations teacher particular position may owe superiors core today decision holding pickering discharge must tested standard new york times sullivan extent agreement goes however reopen question thought settled new york times cases followed particularly garrison louisiana devotes several pages facts order reject determination pickering statements harmed school system ante question harm clearly irrelevant given determination pickering statements neither knowingly recklessly false ruling circumstances teacher may fired even statements injurious gratuitously suggests statements found knowingly recklessly false open question whether first amendment still protects unless shown presumed caused harm ante deliberate reckless falsehoods serve first amendment ends deserve protection amendment unequivocally recognized garrison reargument said knowingly false statement false statement made reckless disregard truth enjoy constitutional protection today neither explains justifies withdrawal firm stand taken garrison see teacher may fired without violation first amendment knowingly recklessly making false statements regardless harmful impact schools holds however absence special circumstances may fired statements true negligently false even harm school system therefore see basis necessity foray respect whether record supports finding injury pickering false statements either knowingly recklessly made injury school system becomes irrelevant first amendment prevent discharge state constitutionally precluded terminating employment reliance constitutional provision required join findings regard whether pickering knowingly recklessly published false statements neither state presenting evidence state tribunals arriving findings conclusions law addressed elements new standard holds first amendment require circumstances case indeed state courts expressly rejected applicability new york times garrison find wholly unsatisfactory make initial determination knowing reckless falsehood cold record us far appropriate remand case state courts proceedings light constitutional standard deems applicable case relevant facts ascertained appropriate proceedings see ante nn elaborate upon suggestion may situations reference certain areas public comment teacher may special obligations superiors simply holds case respect particular public comment made pickering like member general public apparently remote school board require placing special category read opinion foreclose possibility first amendment school system may enforceable rule applicable teachers public statements school business must first submitted authorities check accuracy even consideration harm necessary case join concluding record harm school administration proved presumed