교실에서의 언론(학문)의 자유: Boring 사건을 중심으로

• 영문명: Freedom of Speech in Classroom
• 발행기관: 한국헌법학회
• 저자명: 송요원(Song Yo-Won)
• 간행물 정보: 『헌법학연구』憲法學硏究 第9卷 第4號, 315~350쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

The US Supreme Court acknowledges that teachers have academic freedom - freedom of teaching - in the classroom to some degree, but lower courts have refrained from establishing precise legal principles in this field. Rather, controversies have been resolved on a case- by-case basis, involving a delicate balancing of teacher' interests in academic freedom against school boards' interests in assuring appropriate instructional programs and efficient school operations. Every teacher in public schools has the right to teach what is based on the curriculum. However, it doesn't mean that teachers have the constitutional right to make educational contents at their disposal, which otherwise might possibly have teachers fall into mistakes to deliver viewpoints affected by individual or social prejudices as to controversial topics. Therefore the provisions of Article 10 of the US Federal Constitution require that states shall have the educational right and may delegate it to the school board or district. So school board or districts have the basic authority to establish uniform curriculums including controlling over teachers. But this authority must be exercised fairly and reasonably. Boring, one of the most competent teachers, has promoted many students to higher schools teaching plays, won many awards and had many students got many prizes for good performances. Although the play was performed with the permission of the principal, he was punished to move to another school for parents' complaints. However, although the court should have dealt with this issue on basis of the essential natures of education, the majority made a superficial approach to it, mentioning that the educational right and authority belongs to the school board. These days US tries to have every student reach a certain academic level (No Children Left Behind), ensuring teachers' active participation. This case must have made a wrong decision adversely affecting the education, by forcing teachers to shrink and pose passive stances when they teach. In conclusion, the Federal Supreme Court shouldn't avoid intervening in the educational problems about which it has traditionally respected the autonomy of educational institutions. Instead, it should express actively its opinions based on the natures of education.

목차

1. 서론

2. 언론의 자유로부터 학문의 자유

3. 교육과정 결정권

4. Boring 사건을 중심으로 본 학문-교육(수)-의 자유 논쟁

5. Boring 사건에 대한 Harvard Law Review의 판례 평석

6. 결론

참고문헌

Abstract