
Legal Issues Facing Students and Educators
Can Teachers Be Fired for Off-Duty Speech?
Public school teachers do not give up their First Amendment rights, but those rights are limited. Under the Pickering-Connick test, teachers’ speech is only protected if it addresses a matter of public concern and does not cause substantial disruption. In today’s digital age, off-duty social media posts can quickly go viral, leading to parent complaints, media attention, and even safety concerns. Courts have consistently upheld discipline—including termination—when such disruption occurs. For private school teachers, the protections are even slimmer, as most work under at-will contracts. The takeaway: off-duty speech is never fully off-duty for educators.
Amish Exception
There is a large Amish community where I live. When traveling in that portion of our county, you need to look out for horse drawn buggies and the occasional horse manure. The Amish community provide a variety of goods to county residents from produce to furniture and the community at large is thankful for their contributions.
U.S. Supreme Court Rules in Favor of Student in Social Media Case
Public school officials generally cannot punish students for off-campus social media posts, the U.S. Supreme Court ruled in a case involving a student punished for venting her frustration on Snapchat for not making the varsity cheerleading squad.
Prayer During School
Prayer in school has always been a controversial topic. Throughout the last century, public schools have transitioned from mandatory bible readings to a prohibition on public prayer at the beginning of a graduation ceremony. In this article, I plan to cover a brief review of landmark cases, including TN law, and a summary of the current limitation of prayer in public schools.