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.

Mr. McElhaney, a father of a softball player, texted the coach after his daughter was benched midway through the season. The text messages criticized his coaching ability and decisions. The coach, believing Mr. McElhaney had violated team policy which prohibited parents from talking to coaches about playing time, forwarded the messages to the principal.

This past week, the 6th Circuit released a ruling affirming a districts court holding that a school did not violate a student’s 1st Amendment Rights when they suspended them for comments made off-campus on a personal Instagram account. Kutchinski v. Freeland Community School District, 6th Circuit 2023.

Districts and schools can face harsh criticism from parents, students and community members. Often times such comments can go viral causing conflict within the school or the community. As a result, officials often make the mistake of selectively deleting comments or blocking users from their official sites.