Abstract The freedom of teaching is the central spirit of the teaching career. The study is to discuss the sense of teaching freedom in the elementary and junior high school. Moreover, based on the legal construction of the educational human right, this paper points out that the freedom of teaching is to protect the defense of educational human right in the subjective legal function. The major responsibility of the freedom of teaching is also to improve the development of students' personality freely. The purposes of the paper attempt to discuss the content of the freedom of teaching and reflect its implementation in Taiwan through the literature review and empirical observations. According to the performance of the Guidelines for a 9-Year Joint Curricula Plan in the debatable atmosphere, the study tries to examine the constitutionality of the Guidelines for a 9-Year Joint Curricula Plan by the viewpoint of the protection of teaching freedom. The suggestions for the improvement of 9-Year Joint Curricula Plan are also provided in the paper.