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.