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| Original image CC0 through Wikimedia Commons |
The first amendment and its protection of free speech is a pillar of American society. However, in the age of social media, the laws and guidelines regarding free speech for professionals, especially teachers, have become more ambiguous. Should teachers be subject to professional repercussions for posts deemed inappropriate on personal social media accounts?
Before delving into the opposing viewpoints, consider the scenario outlined in a KENS 5 report here. In this particular example, a teacher pinned several controversial e-cards, relating specifically to teaching, to her personal Pinterest page. A parent found the page and is urging the district to take disciplinary action towards the teacher. This scenario poses several important questions regarding teachers’ personal freedoms. Should teachers be permitted to freely post on social media accounts while “off the clock”? Or, must they be held to higher standards than the average citizen since they perform public duties? What rights do the laws actually protect for public employees such as teachers?
Many individuals advocate that teachers deserve freedom of speech. Sometimes, even the law sides with teachers. In an excerpt of Joel Spring’s (2017) American Education, several example cases are presented in which the American Civil Liberties Union (ACLU) fought and won cases for teachers. For example, an Ohio court found that a teacher “could not be dismissed for using offensive language in a confidential letter to a former student” and “ruled that a teacher’s private actions are not the concern of school authorities unless they interfere with the ability to teach” (Spring, 2017). Although not directly related to social media, this example highlights the idea that it is possible to justify supporting personal freedoms for teachers.
However, teachers’ freedom of speech is not always supported by the law. In fact, when it comes specifically to social media, it seems that the law often does not work in the favor of teachers’ individual freedoms. An article “Teachers and Social Media: Rights and Responsibilities” presents the Supreme Court case Garcetti v. Ceballos, which set a precedent that restricts public employees’ speech that could damage the employer. The blur, here, arises because “damage to the employer” is extremely subjective. As of now, there are no clear-cut guidelines that perfectly define what types of speech may damage an employer, so it is difficult to conclude exactly which social media posts might be subjected to this court ruling precedent.
Further, this NEA article “Social Networking Nightmares” cites the Pickering v. Board of Education supreme court case which ruled that districts can terminate nontenured teachers for using speech that is solely personal (not of public concern) or for using speech that would affect the workplace in any way. The article also outlines three specific examples of courts supporting a school’s decision to terminate an employee, or, in one instance, a student teacher over social media posts. The offenses included having what the district deemed “inappropriate” conversations with students via MySpace, posting unprofessional comments about a supervisor on a personal blog, and posting to MySpace a photograph that contained alcohol. In the first two cases, the court found that each social media post would affect the teachers’ abilities to perform their jobs, and supported the teachers’ terminations. In the last example, which was the post from the student teacher, the court found that her posting was of personal matter, and not one of public interest; therefore, she was removed from the student teaching program and was unable to earn her teaching certificate.
So, what do I think about this topic? Well as an untenured teacher who loves my job, I approach the subject very cautiously. Part of me thinks that in regards to my personal freedoms being violated, there is nothing I so desperately need to post on social media if it could jeopardize my career. I’m very grateful for my job, and if I need to be cautious on social media to secure my position, then so be it. The best approach is to make smart decisions. The articles “10 Social Media Tips for Teachers” and “Friendly Advice for Teachers: Beware of Facebook” each provide some helpful guidelines for teachers to follow to avoid potential problems with social media. Common tips include ensuring that accounts remain private, not interacting with students via social media, not mentioning your employer, other employees, or students by name, and considering appropriateness of photos before posting.
The problem, though, is that the laws are so ambiguous, and often times, innocent posts may be misconstrued. While some posts are guaranteed to be worthy of disciplinary action, most of those in question will fall under the more debatable category. Returning back to the KENS 5 report of the teacher’s Pinterest posts that are being investigated. Should she face professional repercussions for her personal social media post? According to the law, it seems possible. It could certainly be argued that the posts might interfere with her ability to teach. Legal actions are especially more likely if she is nontenured because such teachers have fewer rights. However, putting the legality argument aside, does she deserve to be punished? She didn’t personally target any students or parents, and, assuming she doesn’t reference her employer anywhere on her page, her posts aren’t meant to be representative of the entire district. On the other hand, the posts certainly weren’t the most tasteful and definitely left much to be desired about her passion for teaching.
My verdict? This teacher could use a stern lesson in the etiquette of professional social media use, but she doesn’t deserve to lose her job. I’m a young, not-easily-offended, fellow e-card enthusiast myself, so I see the innocence in her posts. I also don’t have children of my own, so maybe that makes me less able to side with the parent from this particular situation. The fact that these posts were not directed towards specific students and didn’t mention names makes a big difference to me. This seems to be more like a an honest joke that others, unfortunately, found to be tasteless. Now, if in the process of investigating the teacher’s other interactions with students and parents more evidence arises that questions her professional judgement, then I’d reconsider my verdict. Based on the posts alone, however, I’d consider a verbal warning an adequate punishment.
I’d love to hear opinions from other teachers. What are your thoughts on the use of personal social media accounts by teachers? Do you use certain precautions when creating your own posts? Do you believe the woman with the Pinterest posts should be punished by her district?
Before delving into the opposing viewpoints, consider the scenario outlined in a KENS 5 report here. In this particular example, a teacher pinned several controversial e-cards, relating specifically to teaching, to her personal Pinterest page. A parent found the page and is urging the district to take disciplinary action towards the teacher. This scenario poses several important questions regarding teachers’ personal freedoms. Should teachers be permitted to freely post on social media accounts while “off the clock”? Or, must they be held to higher standards than the average citizen since they perform public duties? What rights do the laws actually protect for public employees such as teachers?
Many individuals advocate that teachers deserve freedom of speech. Sometimes, even the law sides with teachers. In an excerpt of Joel Spring’s (2017) American Education, several example cases are presented in which the American Civil Liberties Union (ACLU) fought and won cases for teachers. For example, an Ohio court found that a teacher “could not be dismissed for using offensive language in a confidential letter to a former student” and “ruled that a teacher’s private actions are not the concern of school authorities unless they interfere with the ability to teach” (Spring, 2017). Although not directly related to social media, this example highlights the idea that it is possible to justify supporting personal freedoms for teachers.
However, teachers’ freedom of speech is not always supported by the law. In fact, when it comes specifically to social media, it seems that the law often does not work in the favor of teachers’ individual freedoms. An article “Teachers and Social Media: Rights and Responsibilities” presents the Supreme Court case Garcetti v. Ceballos, which set a precedent that restricts public employees’ speech that could damage the employer. The blur, here, arises because “damage to the employer” is extremely subjective. As of now, there are no clear-cut guidelines that perfectly define what types of speech may damage an employer, so it is difficult to conclude exactly which social media posts might be subjected to this court ruling precedent.
Further, this NEA article “Social Networking Nightmares” cites the Pickering v. Board of Education supreme court case which ruled that districts can terminate nontenured teachers for using speech that is solely personal (not of public concern) or for using speech that would affect the workplace in any way. The article also outlines three specific examples of courts supporting a school’s decision to terminate an employee, or, in one instance, a student teacher over social media posts. The offenses included having what the district deemed “inappropriate” conversations with students via MySpace, posting unprofessional comments about a supervisor on a personal blog, and posting to MySpace a photograph that contained alcohol. In the first two cases, the court found that each social media post would affect the teachers’ abilities to perform their jobs, and supported the teachers’ terminations. In the last example, which was the post from the student teacher, the court found that her posting was of personal matter, and not one of public interest; therefore, she was removed from the student teaching program and was unable to earn her teaching certificate.
So, what do I think about this topic? Well as an untenured teacher who loves my job, I approach the subject very cautiously. Part of me thinks that in regards to my personal freedoms being violated, there is nothing I so desperately need to post on social media if it could jeopardize my career. I’m very grateful for my job, and if I need to be cautious on social media to secure my position, then so be it. The best approach is to make smart decisions. The articles “10 Social Media Tips for Teachers” and “Friendly Advice for Teachers: Beware of Facebook” each provide some helpful guidelines for teachers to follow to avoid potential problems with social media. Common tips include ensuring that accounts remain private, not interacting with students via social media, not mentioning your employer, other employees, or students by name, and considering appropriateness of photos before posting.
The problem, though, is that the laws are so ambiguous, and often times, innocent posts may be misconstrued. While some posts are guaranteed to be worthy of disciplinary action, most of those in question will fall under the more debatable category. Returning back to the KENS 5 report of the teacher’s Pinterest posts that are being investigated. Should she face professional repercussions for her personal social media post? According to the law, it seems possible. It could certainly be argued that the posts might interfere with her ability to teach. Legal actions are especially more likely if she is nontenured because such teachers have fewer rights. However, putting the legality argument aside, does she deserve to be punished? She didn’t personally target any students or parents, and, assuming she doesn’t reference her employer anywhere on her page, her posts aren’t meant to be representative of the entire district. On the other hand, the posts certainly weren’t the most tasteful and definitely left much to be desired about her passion for teaching.
My verdict? This teacher could use a stern lesson in the etiquette of professional social media use, but she doesn’t deserve to lose her job. I’m a young, not-easily-offended, fellow e-card enthusiast myself, so I see the innocence in her posts. I also don’t have children of my own, so maybe that makes me less able to side with the parent from this particular situation. The fact that these posts were not directed towards specific students and didn’t mention names makes a big difference to me. This seems to be more like a an honest joke that others, unfortunately, found to be tasteless. Now, if in the process of investigating the teacher’s other interactions with students and parents more evidence arises that questions her professional judgement, then I’d reconsider my verdict. Based on the posts alone, however, I’d consider a verbal warning an adequate punishment.
I’d love to hear opinions from other teachers. What are your thoughts on the use of personal social media accounts by teachers? Do you use certain precautions when creating your own posts? Do you believe the woman with the Pinterest posts should be punished by her district?
References
FindLaw, (n.d). Teachers and social media: rights and responsibilities. Retrieved from http://education.findlaw.com/teachers-rights/teachers-and-social-media-rights-and-responsibilities.html
Ko, Sharon. (2015, May 22). Harlandale ISD teacher investigated for social media posts. Retrieved from http://www.kens5.com/news/harlandale-isd-teacher-investigated-for-social-media-posts/153809766
Rachel. (2016, March 29). 10 social media tips for teachers. Retrieved from https://www.americanboard.org/blog/10-social-media-rules-for-teachers/
Simpson, M.D. (n.d.). Social networking nightmares. NEA. Retrieved from http://www.nea.org/home/38324.htm
Solomon, N. (2011, December 7). Friendly advice for teachers: beware of facebook. NPR. Retrieved from http://www.npr.org/2011/12/07/143264921/friendly-advice-for-teachers-beware-of-facebook
Spring, J. (2017). American Education. Retrieved from https://books.google.com/books?id=hl8wDwAAQBAJ&pg=PT302&lpg=PT302&dq=Ohio+court+for+instance+ruled+that+a+teacher+could+not+be+dismissed+for+using+offensive+language+in+a+confidential+letter+to+one+of+the+students.&source=bl&ots=yEzfeCRNTC&sig=kshXW4GQ7nqGXWHHasedoJRA8f8&hl=en&sa=X&ved=0ahUKEwjtj8GS7pbXAhWCw4MKHZGoDvsQ6AEIJjAA#v=onepage&q&f=false
Hi, Katie,
ReplyDeleteThanks for your feedback. It seems that the commonality with this issue is, exactly as you mention, the vague wording of policies. Your arguments for why the Pinterest teacher should not be punished align very closely with my own beliefs. To me, it's clear that the posts were meant for personal enjoyment and not as an open attack or even criticism. It's scary, though, because everyone else might not see it this way. As our means of communication shift in the digital age, such policies need to be revisited and reconsidered.
Thanks again for sharing,
Elaine
Elaine,
ReplyDeleteYou have invited discussion on a topic that is very relevant to teachers today, and which certainly entertains a variety of opinions. It would seem to me that free speech is free speech, and should be allowed weather on social media or marching down town. However, that should not be a license to be unprofessional. There is a time and a place where sharing and expressing is appropriate. In the meantime, we should be mindful that anything we say or do impacts others and could carry a consequence for us (either positive or negative), and like you eluded to, it would behoove us to consider carefully our need and intent when we express ourselves.
In regards to the specific pinterest example, I can see either ruling being appropriate. A firm verbal warning and lesson on etiquette could be sufficient (I'm very careful about who can access/view any of my social media accounts, I think this is an important separations for teachers to maintain). However if these posts are a reflection of an attitude held by the teacher (or expressed by the teacher in other ways) or undermines the trust parents have within the school community, then it feels more appropriate to have a stiffer ruling. Though it may seem unfair for a silly joke, it also seems unfair to ask a parent to put their child in the care of someone the feel they cannot trust. This is all an interesting conversation, and a great topic for civil discourse!
Crystal,
DeleteThanks for sharing your opinions! I think that this topic is a perfect example of the importance of looking at scenarios on a case-by-case basis. It's very difficult in the Pinterest example to judge if termination would be justified because we have so little information about the actual situation. What if that teacher has done everything else right and is genuinely making a difference in students' lives? Like you mentioned, it would be different if these posts were found to be representative of other thoughts and actions the teacher shares, but what if they weren't? Quite frankly, I'm sure many innocent posts (even those that are far less crude than this teacher's Pinterest posts) can be seen as being offensive because our world is so diverse. Unless the posts are more specifically targeted at individuals, I think officials must consider contexts outside of the posts alone before deciding on punishment.
Elaine
Your question about whether teachers are or should be permitted to post freely on social media is a timely and important question dealing with first amendment rights. Should we be held in the same light as news anchors, athletes and other professionals? I tend to think that were are responsible for what we post. I tend to believe that our morals clauses in our contract holds us to a higher standard. I am old school however so my belief may reflect a different culture. I try to privatize certain posts while allowing some content to be public. I do not use my real name for social media sites I subscribe to and a measure of caution. And all citizens really ought to think about our digital footprint. Think before posting something that could jeopardize a career. Then think about whether to post for a second time. It only takes one tap of the enter key to put information our there where it will remain.
ReplyDeleteThis was an interesting examination. Back in 2011 our district fired one of our English teachers for inappropriate blog posts she was making about students. Natalie Munroe made national headlines for her use of comments about students. The courts ruled in her favor yet the district slammed her evaluations and fired her for her teacher ratings. So who really won in the end?
Hi, Paul,
DeleteYes, I agree that teachers (and professionals in general) need to be more aware of their digital footprints. More than anything it comes down to personal dignity; if you would feel ashamed/ embarrassed/ uncomfortable with someone potentially seeing a post, then it's probably not worth posting. In the examples you cite, I believe the posts are a bit more offensive because they target specific individuals. So many other posts are more ambiguous, yet still open to criticism. After finding so many other legal cases that did not rule in favor of teachers, I'm actually surprised by the Natalie Munroe ruling. However, I'm not surprised that the school still found a way to fire her. Parents and communities can be very persuasive when it comes to such decisions, and once a teacher is targeted (rightfully so or not), it's often impossible to overcome.
Thanks for sharing,
Elaine