This is a complex and challenging time in our nation’s history. The issues swirling at the local, state, and national levels are not to be underestimated, and tempers are running high. Many educators contemplate their rights when expressing their opinions about the issues our state and country are facing. The answer, as we will discover, is not simple.
As citizens of the United States, teachers and other school district employees have legal protections crucial to expressing their opinions. The First Amendment to the U.S. Constitution is a powerful tool, especially regarding public issues. It's important to remember that educators, like all public school personnel, do not lose their First Amendment rights. This knowledge should empower you and instill confidence in your role.
The First Amendment protects speech about public figures, such as celebrities and politicians. This understanding clarifies the rights of educators to express their opinions. Nowadays, it is extremely difficult for the government to bring charges against individuals for seditious libel or for criticizing the government.
Educators must know that First Amendment protections are not absolute and do not apply in every situation. Understanding these limits is crucial when deciding whether to express an opinion or how to express it, whether on social media or when speaking to a group of co-workers. This knowledge empowers you to navigate these situations with confidence and awareness, ensuring you feel in control and confident in your actions and, therefore, more prepared to exercise your rights responsibly.
First, the U.S. Supreme Court has ruled that the First Amendment does not apply when a government employee (all public school employees are government employees) comments on a matter involving their job duties. The First Amendment only applies to comments made by citizens. Teachers need to be acutely aware that if their comment relates to their job, supervisor(s), campus, or district leadership, the First Amendment may not apply. This awareness is crucial in empowering educators to make responsible decisions.
You are not just a citizen as a teacher or other school district employee. Even when the First Amendment does apply, the U.S. Supreme Court has ruled that there is a “balancing test” where the public employee’s right to express an opinion is weighed against the disruption at school or work that results from that opinion. Understanding this 'balancing test' is crucial, as it makes you feel knowledgeable and aware of the complexities involved, and it should empower you to make informed decisions.
For instance, if the teacher’s comment causes a substantial disruption at school, that teacher could experience serious negative consequences. This emphasis on potential consequences is not meant to discourage expression but to make educators cautious and aware. For example, a district might have a legal basis to take employment action if your comments interfered substantially with your ability to teach students successfully or get along well with colleagues, supervisors, and student's parents.
As a practical matter, a teacher or other employee may want to consider limiting access to social media accounts to only their close friends and family members to avoid the situation where a more distant “friend” decides to report the teacher to their employer. However, teachers need to be aware that if a friend shares the post and disruption ensues, there may again be employment consequences. Also, remember that even something as casual as a “like” on a controversial meme may appear across Facebook, X, or Instagram, so there is no expectation of privacy—no matter how strict your settings are.
Educators, school employees, and other district personnel must know their community standards and expectations. Again, a teacher can experience serious consequences simply because of the community's response to their expression. The critical issue is not what was said but the reaction to what was said. You cannot control the narrative once a comment is “out there.”
The response to a comment is at least as necessary or potentially more critical than the comment itself. Everyone should consider the reaction before exercising their right to express their opinion on a controversial topic. This reiteration is not to instill fear but to make educators feel thoughtful and considerate in their expression. Consulting a local attorney or contacting Professional Educators of Tennessee legal staff as a member can provide tailored support based on specific circumstances, especially in areas like education law.
Choose your words carefully. Words can inspire, and words can destroy. Words do matter.
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JC Bowman is the Executive Director of Professional Educators of Tennessee , a non-partisan teacher association.