Freedom of Speech For Teachers

Education Week – Published Online: Sept. 5, 2013
Do You Have the Right to be an Advocate?
By: Julie Underwood

Where do teachers freedom of speech rights that are protected under the 1st Amendment of the US Constitution start, and where do they stop? This is what Underwood is trying to tease out in her article by highlighting past precedent and current events that have molded the court’s opinion in matters of a teacher’s right to free speech. She makes the distinction that teachers do indeed have the right to free speech outside of the classroom, and that the school district cannot infringe upon that right unless comments made by teachers in the public square harm the school or the district itself. It is when teachers are inside the classroom that their rights to freedom of speech come under scrutiny and criticism by the school when that speech is deemed inappropriate for the curriculum or a disruption to the school’s ability to operate efficiently or inhibit the teacher’s ability to perform his or her job.

Underwood does advocate that teachers use their freedom of speech rights whenever possible (in public and on their own time), and in fact encourages teachers to do so. She states that teachers are more knowledgeable about issues that pertain to schools and education, they do have the constitutional right to free speech (in the correct setting) and that they are modeling the proper behavior of a citizen voicing his or her right to participate in an active democracy.

Underwood describes the precedent and track record of teachers that has been set for being actively involved in the political process in regards to education. Whether it’s fiscal issues, contract issues, library services, class size or standardized tests, teachers know best and should be relied on to give their opinions to the general public.

She also makes the distinction between public and private schools in regards to public opinion. The constitutional rights of public employers are protected, but those of private employers are not. She makes the point that school teachers who serve on the school board are in a conflict of interest and should have to choose between the two positions.

Ultimately she states that, “The district’s or state’s ability to regulate employee speech while in school or at school sponsored activities can be thought of as part of the district’s ability to control what goes on in the classroom.” The school needs to ensure that teachers are not disrupting the school process nor are then indoctrinating students. The school must protect their own interests in instruction and political neutrality. By all means, teachers should not use school resources or school time to advance political agendas (i.e. printing copies of campaign fliers or campaign speeches during school time). One salient quote in regards to this matter was eloquently stated by NYC School Chancellor Joel Klein when he stated:
“When teachers wear political paraphernalia in schools, they may improperly influence children and impinge on the rights of students to learn in an environment free of partisan political influence… Partisan political activity by staff in the presence of students…sends the message that the view expressed carries the support of the school system”

She concludes by stating, “…Public educators are in the best position to influence public policy about public education. Ignoring this opportunity is a mistake.”

The key word here is public – I feel that a teacher should always exercise their right to free speech and ensure that their voices are heard in regards to important educational matters. I believe that teachers should model proper democratic behavior of an active participant of a democracy. In regards to curriculum and instruction in the classroom, I believe that teachers walk a fine line when discussing topics that are controversial or sensitive in nature. I tend believe that teachers should be able to describe their own views when asked by students, in order for them to understand rationale and logic that came to those views. Teachers should by no means use their position to judge students and affect their grades because of their views. I believe that as humans we seek the truth – and the truth hurts sometimes. I believe that teachers should support students and their efforts to seek that truth while engaging in debate and discussion that understands both sides of the story.