Teachers have First Amendment rights.
Teachers and all public employees have the right to express their opinions in a public forum, even if it is unflattering to the Board of Education or any government agency.
We have been told behind the scenes that Lowndes County teachers are afraid to voice their concerns to the principal for fear they may face some sort of retaliation.
The public, including state officials, must be given the opportunity to criticize the government. Nothing could be more American.
This is Civics 101.
Board members are elected officers and accountable to the public. People, including school workers, should never be afraid of their own government. Government, including education authorities, should always be open to public criticism, and government employees should not be deprived of the right to question the actions of their own government.
People don’t give up their First Amendment rights simply because they work for a branch of government. This includes people who work for a public school system. We want to remind employees, administrators, and elected officials that being a public employee doesn’t mean you don’t have freedom of speech.
Public school teachers, law enforcement officials, city or county officials, or others employed by local government should not be intimidated into believing that they cannot speak their mind publicly because they work in the public sector.
The courts have consistently pointed out that while an officer’s behavior and speech should not be disruptive, they should not be told by their superiors that they are not allowed to express their opinions or, for example, not to speak to the media.
Attempts to suppress an individual’s right to freedom of expression violate the First Amendment to the US Constitution and the rulings of the US Supreme Court.
In Pickering v. the Board of Education, the US Supreme Court made it clear that a teacher has the right to speak out on issues of public concern without fear of being fired.
In the landmark New York Times v. Sullivan case, the Supreme Court said, “We view this case against the backdrop of a deep national commitment to the principle that debate on public issues should, and should, be uninhibited, robust, and wide-open.” it can certainly involve violent, caustic, and sometimes uncomfortably sharp attacks on government and officials.”
While in Garcetti v. Ceballos the court found that the person speaking in their official capacity as a government employee may be disciplined or held accountable for their public statements, that does not mean that freedom of expression is restricted when speaking in private speaks can be shortened.
In addition to freedom of expression, the First Amendment guarantees the right to protest, the right to assemble, and the right to publicize any grievance.
Holding elected officials accountable, including boards of education, is quite simply the American way.
