Anyone should be able to speak freely about their beliefs when they are off the job and in the privacy of their own home. But when a teacher posted a few comments on Facebook about the violence that broke out following the death of George Floyd, her opinion was met with such vitriol in her community that she was fired from her high school teaching job—a career she held for over 20 years. Now, the teacher is appealing her high school employer’s decision to fire and censor her to the Supreme Court, and Southeastern Legal Foundation (SLF) is supporting her appeal as amicus.
Just because someone works for the government does not mean they give up their free speech rights at the schoolhouse steps. And even if a teacher’s Facebook posts upset or offend students or other members of the community, that is still not enough to punish them.
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As SLF explains in its amicus brief together with Manhattan Institute and Defense of Freedom Institute, public employees have the right to speak as citizens on matters of public concern. Unfortunately, “in a divisive political climate where every citizen can express their opinions on social media,” public employers believe that they can fire their employees simply for holding views they may disagree with.
Here, the high school engaged in clear viewpoint discrimination when it fired the teacher over her Facebook posts. It should be an easy First Amendment case, but the Seventh Circuit Court of Appeals held that viewpoint discrimination is OK when preventing “disruption” in the workplace. This decision stretches Supreme Court precedent beyond its limits, and SLF and amici are urging the Supreme Court to take up her appeal to rein in public employers who are abusing their power.