Recent student protests in Michigan regarding ICE activities have prompted requests for guidance for educators concerning their rights to support student activism. NEA has developed some excellent resources and reminders for educators addressing their employment rights and concerns, including how to handle student protests and walkouts. Below is a summary of the issues educators should understand and consider:

1) Educators have limited First Amendment rights.

School districts have broad authority to limit educators’ speech on the job. They may control what their employees say as part of their official duties. Some examples include when educators are teaching a class, coaching a team, holding a parent-teacher conference, and driving a school bus.

Educators on the clock but not engaged in official duties may have some First Amendment protection.

Educators have more protection when talking about issues of public interest — topics considered as relating to any matter of political, social, or other concern in the community.

School districts may limit educators’ speech off the job that directly impacts or significantly disrupts the workplace.

Source: https://www.nea.org/resource-library/first-amendment-protections-educators

2) Educators have greater protection off duty and away from work.

When off duty, educators have the same rights as any other person to advocate for their views, support political candidates, march and attend protests. When educators are involved in these activities, they should be clear that they are speaking on their own behalf, not on behalf of the employer.

Source: https://www.nea.org/advocacy-rights#section-92081

3) Educators’ rights to post on social media have limitations.

Most political posts on social media deserve First Amendment protections. Even so, school districts may try to justify discipline on the grounds that an educator’s social media post has significantly disrupted the school environment. In those situations, courts must balance the employer’s interest against the educator’s and the public’s interest. The stronger the public interest, the more disruption the employer must show. Protection is greater when educators focus on larger issues rather than personal gripes and remain respectful.

Educators should use caution when posting about their school, coworkers, and students. They should remain professional to maintain their trust within their community. When posting about a disagreement with school policy or with community members, the educator should do so respectfully and without disgust or disrespect toward their students or the educational community.

Source: https://www.nea.org/resource-library/educators-rights-social-media

4) Educators should avoid political advocacy at work.

Public employers generally have the right to control with their employees say on the job. That is because when an educator is speaking in their official capacity, people may assume they are speaking for the institution. School districts have an interest in running their operations efficiently and without disruptions and may even have an interest in remaining neutral on controversial topics like immigration policy.

Source: https://www.nea.org/advocacy-rights#section-92111

 5) Educators should be careful when discussing controversial issues during class.

While Michigan does not have a law on the books limiting the ways educators can teach difficult subjects (like racism, sexism, and LGBTQ+), they should make sure the curriculum is age appropriate, aligned with state standards, and in line with the past practices of the school. If a lesson is likely to be controversial, it is a good idea first to run it by an administrator.

Collective bargaining agreements may also provide protections for an educator’s academic freedom. Common rules of academic freedom to present controversial issues to their students include:

• the lessons must relate to the teacher’s subject or the official curriculum;
• the lessons must be appropriate for the student’s age; and
• the teacher must be fair, balanced, and not advocate a particular viewpoint.

Source: https://www.nea.org/resource-library/educator-rights-teach-sensitive-topics

6) Educators should use caution before disclosing personal opinions about controversial topics with their students.

Educators should review their collective bargaining agreements and consult with local association leadership before making these decisions.

Source: https://www.nea.org/resource-library/educator-rights-teach-sensitive-topics

7) Educators should not try to convince their students to take their side on any controversial issue.

Some school districts explicitly forbit teachers from advocating a particular viewpoint in class.

Source: https://www.nea.org/resource-library/educator-rights-teach-sensitive-topics

8) Educators have limited rights to support student activism such as student walkouts.

Below is a checklist for educators to consider regarding a student walkout:

• Work with administration to have plans ready for student activism.
• Plans should address educators’ duties during student walkouts, including whether educators are supposed to accompany students during the walkout to ensure their safety.
• Plans should facilitate student protests in a safe and educational manner, providing time and space for demonstrations and guaranteeing that neither students nor educators will be penalized for their participation.
• Plans should address how families will be notified of planned walkouts.
• Plans may designated staff members to supervise the students during the protest.
• Educators should not lead or assist in organizing student walkouts from classes.

Source: https://www.nea.org/resource-library/educator-rights-support-student-activism

If you have any specific questions or concerns, please contact MEA Legal Services via your local MEA UniServ office.