QUESTION

Can a teacher be fired for expressing political views online? Can I bring harrassment carges against someone?

Asked on Jul 28th, 2014 on Civil Litigation - Georgia
More details to this question:
I stated in a public forum post on the AJC Facebook page that we cant afford legals and that their parents are sending many hereon trains causing them to be recruited by drug cartels. A woman who lives two hours from me called the comment racist and sent the clip to my principal. My principal shredded the email stating it was not work related; however, the lady now states shes writing the Board and going to post my comment on the doors at our school. At what point is her actions considered harassment? I am a tenured teacher who can only be fired for just cause. As a teacher, do I still have the right to share my beliefs about issues of public interest without fear of retribution? I have since blocked the lady. She was not a friend on my page but another debater on the article.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The question of whether you can be fired from a public school for expressing your political views off campus is a hot button topic right now, and the answer is not entirely clear.  For example, teachers ahve been fired for appearing on a swingers website with their spouses.  If you are working at a public school, my personal view is that such a firing would violate your constitutional rights.  If you are working for a private school, of course, there is no question of constitutional rights (except for the provision against slavery, the U.S. Constitution only deals with government action, not the actions of private citizens), although there may still be state statutes in Georgia which might protect you.  However, the woman who called you racist has the right to freedom of speech as well.  She has the right to accurately quote what you said and to express her opinion that it is racist and that you should be fired for it (although posting the notice on school doors might be trespass, and if she lied you might be able to sue her for defamation.)  The first amendment (again, assuming you work in a public school) gives you the right to express your opinion; it says nothing about "without fear of retribution" from a private citizen (as long as the means of "retribution" are legal.)   BTW, I assume your opinion is that "we" can't afford illegal immigrants, not "legals."
Answered on Jul 28th, 2014 at 3:51 PM

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