May a school board prohibit a teacher from sharing his or her personal political viewpoints with students during instructional time?

 

Yes. The Supreme Court has stated that when public employees make statements in their official capacities, they are not speaking as public citizens for First Amendment purposes, and their comments are not isolated from regulation by the employer. Since teachers making statements during instructional time are speaking in their official capacities, the First Amendment does not protect their comments. As a result, school boards may adopt policies that prohibit employees from discussing their personal political views with students during instructional time.

 

Scott Swier
Connect with me
Founding Member, Attorney At Law