It could determine that the explicit sexual content would prevent you from being an effective teacher and would have a substantial impact on school functioning. The court would balance the school’s interests and your free speech rights. Even though this is speech in your private capacity (i.e., not part of your official duties) and may even be on a matter of public concern, a court might not consider it to be protected speech. Example 6: You publish an online book containing explicit sexual passages.Example 5: You post a ”joke” on Facebook about your students being lazy. This type of speech is not protected even though you are making it in your private capacity (not part of your official duties). This speech might be considered as not addressing a matter of public concern, so the First Amendment may not protect you from being disciplined.Some courts have ruled that schools may not discipline teachers for sharing certain controversial words or concepts in class that are relevant to the curriculum. It is not as clear whether the First Amendment would protect you if you had not been specifically instructed not to share your political beliefs. Courts have found that teachers can be disciplined for departing from the curriculum adopted by the school district, and inserting your personal experience as a protester could be considered such a departure. This is because school districts have the authority to control course content and teaching methods. In a classroom discussion on racial issues in America, you let your students know that you have recently participated in a Black Lives Matter demonstration. This “speech” may not be protected. Example 4: You are instructed not to discuss with students your personal opinion on political matters.Example 3: You write a letter to a publication that is critical of the school board for one of its actions or ideas. A court will likely consider that protected speech because you are expressing an opinion that is a matter of public concern, like any other private individual.Example 2: You post on your Facebook wall a local newspaper article favorable to a political candidate. The First Amendment will protect you from discipline.Example 1: You attend an anti-war rally on the weekend. You cannot be disciplined for exercising your First Amendment right to free speech.What are some examples of protected speech versus speech that can be disciplined? What you say or communicate inside the classroom is considered speech on behalf of the school district and therefore is not entitled to First Amendment protection. Certain types of speech outside the school might also not be protected if the school can show that your speech created a substantial adverse impact on school functioning or that your speech was made in accordance with your job duties. We provide some examples below. Generally, the First Amendment protects your speech if you are speaking as a private citizen on a matter of public concern. However, if you are speaking as part of the duties of your job, your speech will not necessarily have the same protection. Yes, but there are many limitations, especially for a K-12 teacher. Do I have free speech rights as a public school teacher?
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