(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .
Free Speech and Teacher Rights During the Israel-Hamas War [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-11-10
In an email to school staff Wednesday, November 8, New York City schools Chancellor David Banks warned teachers about violating Education Department rules on political speech. Banks ordered teachers to keep their personal political beliefs out of the classroom and threatened that even out-of-school political activity can violate city rules if it “disrupts … the school environment.” According to the email from Banks, “When speech and action — even on one’s personal time — undermines the mission or core functions of NYCPS, we will review and take appropriate action on a case-by-case basis.” The full Banks’ email to New York City teachers and Department of Education personnel is included at the end of this post.
Responsible teachers do not proselytize in class, but we do engage student in discussions of controversial topics, introduce alternative perspectives, and pose difficult questions. That is our job as we prepare students to become active participants in a democratic society. Responsible teachers are also aware of the age of their students and what is appropriate to discuss at different grade levels, especially when topics need to be treated sensitively.
Apparently, David Banks did not feel constrained by his own directive. He issued a joint statement with Mayor Eric Adams expressing their opinion about what they believe was the “insensitive and threatening language” in “many of the images and videos we’ve seen at educational institutions across our city and this nation over the last few weeks.” It is not clear if Banks believes teachers have the right to say the same things.
The Banks’ email came the day before a planned school walkout by some students calling for a cease fire in the war between Israel and Hamas and in support of an independent Palestinian state. According to the Department of Education, approximately 800 students walked out of school on Thursday. Many headed to Bryant Park in Manhattan where they joined a larger protest.
The Education Department, through a spokesperson, claimed the email was “written not in response to any particular event” and was “not meant to discourage or encourage any particular staff members.” That statement does seem disingenuous, especially since the email directly refers to the Israel-Hamas war. Donna Lieberman, the executive director of the New York Civil Liberties Union, considers the Banks email legal but believes it will “likely have the effect of stifling political discussion both inside the classroom and in the broader community.”
A warning like the one issued by Banks, without any guidelines, could intimidate teachers into silence, in the classroom and in their private and political lives. It includes a threat of surveillance, of social media being monitored and photographs of demonstrations being scrutinized, and it is a call for anonymous reports of teachers who might be engaged in suspect activities. The New York City school system and the United States are not totalitarian societies. We do not live and work in George Orwell’s Oceania, governed by a dictatorial leader supported by Thought police, or in Ron DeSantis’ Florida.
The National Council for the Social Studies College, Career, and Civic Life (C3) Framework for Social Studies State Standards argues that producing knowledgeable, thinking, and active citizens is essential for preservation of a democratic society. New York State Social Studies Framework specifically endorses student activism through voting, volunteering, and “joining with others to improve society.” Evidence for civics mastery includes “Student takes informed action in local, state, national, and/or global community and demonstrates civic responsibility through the action” and “Student effectively engages and affects the targeted audience and/or community in significant ways through an appropriate course of informed action.”
Every report that a teacher somewhere in the United States was disciplined for having a “political agenda,” whether the report is accurate or not, and whether the teacher’s action was later upheld, sends shivers through many teachers. No one wants to lose a job that they love and put their career and livelihood at risk for introducing into the curriculum current events issues like immigration or gay, lesbian, and trans-gender rights, even when they are not adding their own opinions in classroom discussion.
In response to teacher concerns, the National Education Association (NEA) had their legal team prepare answers to “7 Questions Educators Are Asking About Their Rights to Speak Out, Protest, and Engage in Activism.” According to NEA attorneys, “The First Amendment enshrines the right to speak out, to assemble, and to speak without being punished. But this right is not absolute, and public employees, like public educators, have limited First Amendment rights.” Teachers enjoy constitutionally ensured free speech rights when speaking as a private citizen about public concerns, but do not have the same rights “when speaking as an employee (in school or to students or parents) or about workplace or personal issues outside of school.” This means speaking about gun control at a political rally outside of the school is protected speech, but not necessarily for a teacher in class. As a general rule, teachers “cannot be disciplined for participating in an action, march or rally on your own time, outside of work.” They can also not be disciplined for wearing symbolic clothing, such as an orange shirt to support student demands for and common-sense gun laws. “Wearing a shirt or button with an overt message about a specific issue, however, is different. Schools can limit or dictate what messages teachers can convey in school, but they cannot discriminate based upon race or gender, and should not pick and choose which political messages are acceptable.”
Laws and rights are often fuzzy along the borders and the NEA lawyers recommended raising questions with union representatives before acting. They advised “As a general rule, walking out of school while on the clock during a school day would not be protected under the First Amendment, because it would not be private citizen speech . . . [I]t could be viewed as unprofessional or insubordinate conduct and you could be disciplined or fired.” They also cautioned about use of social media. If a teacher posts “about issues or concerns specific to your school, or about your personal situation, you are less likely to be protected. As with offline public speech, when you post online about issues of public concern, or about public policy, you are more likely to be protected by the First Amendment.”
The NEA lawyers also made recommendations on what teachers should do in the event of a planned or unannounced student action. Their major recommendation was planning ahead so that the school district, administrators, teachers, and students can collaborate, organize a location for on-campus activities, and “provide an excellent educational opportunity for all involved.” In the event of no prior planning or an unannounced action, they advised teachers to inform school administrators about what they know and to “seek guidance about what should you do.”
[END]
---
[1] Url:
https://www.dailykos.com/stories/2023/11/10/2204889/-Free-Speech-and-Teacher-Rights-During-the-Israel-Hamas-War?pm_campaign=front_page&pm_source=more_community&pm_medium=web
Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.
via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/
