Can teachers be banned from peaceful protests

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Can teachers be banned from peaceful protests

by by their administrations?

Jan 30, 2017

It is starting to happen.

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Where? On 1/30/17, by their administrations? wrote: > It is starting to happen. I wouldn't think so, on their own time and if they aren't wearing school-related apparel.

Jan 30, 2017

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but is it wise? I don't know about the legality of banning. BUT....I would never put myself in that position. Half of your students and parents are likely on the other side. I just don't see the point of being that publically divisive.

On 1/30/17, Where? wrote: > On 1/30/17, by their administrations? wrote: >> It is starting to happen. > I wou...See More

Jan 31, 2017

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No but Legally ban --- probably not. You have a legal right to protest peacefully.

But other factors come into play. Private school? Public school? Tenure? Non tenure?

Most large public districts no one would notice or care. Small public districts notice would be taken, and you might receive extra oversight by administration. Private sch...See More

Jan 31, 2017

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Mama maria On 1/30/17, by their administrations? wrote: > It is starting to happen. I don't think so legally, but as with child advocacy ,I would say don't do it in your district or city because of possible retailiation, instead I would suggest going to the next largest city near you, your state capital, or directly to DC

Jan 31, 2017

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it depends Generally speaking, no, if we're talking about a public school, then it is usually protected by the First Amendment. All courts recognize that matters of "public concern" are protected by the First Amendment; judges do not always agree about what matters concern the public; and courts have granted school boards the right to control teache...See MoreGenerally speaking, no, if we're talking about a public school, then it is usually protected by the First Amendment. All courts recognize that matters of "public concern" are protected by the First Amendment; judges do not always agree about what matters concern the public; and courts have granted school boards the right to control teachers' speech that is related to their districts' personal interests. (c.f., Pickering v. Board of Education)

However, if the consequences of a teacher's political expression or affiliations outside of the classroom are outweighed by the school's interests in promoting a safe and effective learning environment, then the district can use time, place, manner, context or consequences of the teacher's expression to censor the activity and probably win if challenged in court. In other words, depending on the circumstances, if the activity is morally objectionable or becomes an issue that interferes with the teacher's performance in his or classroom, then there may be a right for the administration to forbid the activity. As a general rule, the First Amendment protects teacher's rights to participate in political activity as citizens. Teachers may put political stickers on their cars, and they can probably wear political buttons on their clothing and associated with various political activist causes, as long as they are not using school time to engage in partisan political activity. They also must be careful not to try to persuade students to adopt their personal views. (c.f., Coover v. Saucon Valley School District, 1997)

Private schools are another matter, and are not generally bound by these legal restrictions, sans a formal contract that affords greater protection. In addition, if you are non-tenured or otherwise at will, there is generally nothing stopping an administrator from using this as part of his or her decision to not renew your contract as long as s/he doesn't come out and state this as a specific reason for non-renewal, i.e., "the less said the better" can oftentimes protect the district from getting legally challenged for otherwise dismissing someone for engaging in constitutionally protected behavior, even if you have a strong union.

Your mileage may vary.

Jan 31, 2017

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