A Teacher’s Limitations Concerning Freedom of Expression on Social Media.

Thomas Friedman wrote in his book The World Is Flat 3.0, that the speed and reach of emerging technology are outpacing the ability of countries to manage it. This rapid pace of change is therefore creating many new pressures on businesses, governments, and individuals that currently do not have the capability to manage it. I believe the same is true for the influence of social media and its far-reaching effects on the educational system and a teacher’s ability to maneuver it.

A conversation between friends on the phone or face-to-face is considered private speech. It is very difficult to reprimand a person for "letting off steam" or complaining about a boss or a hard day at work when it's a private statement. Unfortunately, people have used social media to take the place of these conversations. They've made them into tweets, Facebook posts, instant messages, video diaries, and blogs.

Due to social media being a relatively new influence on society, a consistent social media policy framework concerning teacher usage of social media outside school hours is lacking in schools. I understand why school districts do not have a policy. They do not want to tread on a citizen's First Amendment rights, but at the same time, they must be cognizant that inflammatory or controversial speech can affect the school environment and student learning.

Therefore, I implore teachers to think about these notes before they post something potentially controversial.

• In most cases, probationary teachers have little to any rights that prevent them from being released from a teaching position. If the dismissal does not involve discrimination or a violation of the teacher's contract, the school board does not need to give due process for the non-renewal of a probationary teacher. Therefore, its good judgment to avoid giving a school board a reason to second guess hiring you as a teacher.
• Know your school board policy concerning social media. Read the handbook. Seriously. 
• Know your community when speaking out on social media. Will your views become a topic of discussion that leads to a disruption of the school day?
• Check your privacy settings and remember who can potentially be your audience. 
• THINK before you post. Is what you post true, helpful, or even necessary?
• Does it impair your ability to teach? Could it jeopardize your relationship with your coworkers or supervisor? Could it interfere with the management of the school? If any of these is YES, you should think twice about posting it. 

 

I learned recently of the Garcetti-Pickering test that helps decide whether or not a government employee's (such as a teacher's) speech or expression is protected or if the employee can be reprimanded; it's a good read. The test is comprised of five elements. I believe the most important of the five is number three. It states that if the government's interests are sufficient to outweigh the speech in question, then the speech is not protected.

Currently, a teacher’s freedom of expression outside the classroom is still unclear. There are not enough court cases to solidify a guide. Instead, schools have enacted policies limiting teacher speech during the school day and added vague generalities to local policy to cover themselves legally.

Please keep this in mind the next time you post.