School District Reluctantly Concedes that First Amendment Applies to Teachers
In a classic case of shoot-first-ask-questions-later, a Florida school suspended a teacher for statements he made outside the classroom. What could a teacher say that would be so egregious to merit suspension?
He criticized same-sex marriage. Obviously, this teacher (Jerry Buell) is a dangerous lunatic. Well, no, actually he had been voted “Teacher of the Year” last year at his Orlando-area public high school. But when the school learned that he had posted statements on his Facebook page criticizing the fact that New York legalized same-sex marriage, he was suspended.
Now the school board has finally reinstated Buell after finding that his comments did not violate the district’s ethics policy, the Orlando Sentinel reports. (HT: Volokh.). What amazes me is that the school board had to consider the issue for even a minute. How many teachers, I wonder, have been suspended for posting Facebook comments that, say, celebrate gay marriage or attack the Tea Party? My guess is zero.
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Comments :
Jul '11
Re: School District Reluctantly Concedes that First Amendment Applies to Teachers
Obviously there is only one set of acceptable thought process regarding any situation. For clarity please call the teachers union and ask them what to think. Study hard and repeat whatever they tell you.
I am curious how we have ended up with nearly every teacher in the country being required to vote D and encourage the same in our students.
Apr '11
Re: School District Reluctantly Concedes that First Amendment Applies to Teachers
I could think of a few examples where an employee could legitimately be fired for Facebook postings made on his/her own time. If a teacher were to write about how he lusts after one if his students and fantasizes molesting her, any parent would want him fired. If someone works at a car lot and then publicly writes messages denouncing her boss and telling people not to buy their car there, the employer would have a legitimate reason to fire her. Somebody ought to be able to post opinions on political issues, though, without repercussions. Especially when it's an issue on which the country is pretty much divided 50/50.
If a teacher is using a classroom to indoctrinate students on something that is not even part of the curriculum, that's another issue.
Mar '11
Re: School District Reluctantly Concedes that First Amendment Applies to Teachers
What if I criticized the lifestyle choice of drinking alcohol, would I be similarly ostracized? The fact that an abberant lifestyle is so lauded as important to defend is very sad, but to dare to disagree is grounds for firing?
I say, go start a charter school, competition is the only way to change the mess that is the school system, especially here in California.
Jul '10
Re: School District Reluctantly Concedes that First Amendment Applies to Teachers
When I was growing up the school administration line was that it was illegal to disagree with the school administration. It earned them the firm respect and admiration accorded Frank Burn's in the movie classic. Students of this school district have just been provided with an abject lesson on the reverence and sanctity in which their government and representatives hold their unalienable rights.
Public schools provide essential examples of government in action every day to prepare our young for life in the Obamaverse.