9 Responses to “Teachers learning free speech lessons the hard way”

1. Prof. Ray Kessler Says:
   April 8th, 2011 at 2:59 pm

   A private employer is not bound by the First Amendment, but a public employer, such as a public school, is so bound. Your last “Lesson Learned” needs to be clarified. However, even a government or public employer can punish speech that is deemed “unprotected.” One could argue that the Paterson N.S. School District was justified in disciplining the teacher because the speech was not protected (rather than the district was not required to respect First Amendment rights.

2. Terry Says:
   April 8th, 2011 at 3:49 pm

   Let’s be smart. Venting on a PUBLIC forum is absolutely stupid! If you want to complain about a job, students or even your school do it privately to a spouse or a best friend that will keep your confidence. The internet is not the most private venue out there and you would think that, especially, educators would know that. i have been a teacher for twelve years and I know what I am talking about. Free speech or not. We have to use our heads just like we tell our kids to do in class.

3. Al Says:
   April 8th, 2011 at 5:30 pm

   Hay, I have been a teacher (college) for close to 30 years. I have tried everything to be put on administrative leave (pay intact). But the school officials have not taken the bait yet! Alas, I sill have to work for my living. LOL

4. Mike Says:
   April 8th, 2011 at 8:18 pm

   In the first case, no one can threaten another person and think that is protected speech. In the second case, her comments would only be valid if she taught 9th grade or above. Many studies show that dropouts are more likely to end up in prison.

   Furthermore, she could be correct. Due to the lack of parental discipline and guidance at home, schools are becoming more like day care centers, and teachers are expected to provide discipline for children – and, yes they are under 18 and therefore children – that these kids do not get at home.

   Yet, they cannot discipline for fear of retribution by parents or the legal system. Kids feel unrestrained to come to class, yell, scream, run-around, pick fights, push kids, teachers, because they know that there will be little to no punishment at school, nor punishment at home. Corporal punishment, and put the fear of God in the tykes.

   As 8 of 9 members of the Supreme Court stated, we do not have to like it, some speech may make us uncomfortable, but most speech is protected.

   Finally, people need to do a better job of restraining their emotions and grow-up, stop being so freaking sensitive.

5. Dan Says:
   April 9th, 2011 at 1:17 am

   Interesting points for me, as an ousider to the American education scene (I live and teach at university in Australia). We do not have a First Amendment to protect our freedom of speech, and the education institutions we work in have all sort of powers to restrict and restrain us from speaking out.

   I do think however that children display similar beahvioural patterns everywhere, and home discipline is not the main factor shaping their behaviours. It is the cultural context which the child is socialised to grow up in. The broader effects of the First Ammendment is that it has nurtured and underpinned the societal values making our current cultural context. We can see this at every turn, with the kind of media and advertising products which impose a specific kind of individual ‘freedom’ . In my view, this has the greatest impact on children, especially as they move from the immediate socialising context of the family to the next socialising institution – the school. The individual is at every turn encouraged to be her/himself and prioritise immediate wants, and this is what drives a ‘civilization of the selfish’. This has, unfortunately, been exported globally.

   On the second point, teachers are professionals. As such, they should have a well-developed capacity to be reflexive about their practice. If what they do impacts on their capacity to teach effectively, and on them personally, then this should be addressed in their professional development – for example, regular professional supervision should become standard practice for teachers, since factors such as vicarious trauma are an everyday reality for teachers. If the teacher can’t manage to develop a personal practice that suits their individual personality and value base as they work within an increasingly complex and challenging context, then they should perhaps revisit their motivation for becoming a teacher in the first place.

   A stop-gap solution (like tantrums that lead to adminsitrative leave on full-pay) may be the way to go in the short term –> a strategy that should be promoted globally! (I am not sure that I want to try it out on my dean though)

6. Terri Says:
   April 13th, 2011 at 10:00 pm

   Unfortunately, those of us who have been in education for some time have heard such comments in the break room, lunch room, bandied about at staff meetings and even in public areas like restaurants.

   The difference here is the size of the audience. Through education, writing, church, family and school contacts I have over 400 “friends” on Facebook. Although, only about 50 of those are people I see on a regular basis or even communicate online with regularly, they all could be reading what I say. It isn’t the same as venting in the lunch room. We need to understand that.

   However, teachers with that type of attitude should find a new profession.

7. lxc Says:
   April 16th, 2011 at 6:59 pm

   I think it’s interesting that the primary concern is about controlling the language that teachers use – and not about what is at the root of what they’re saying.

   I agree it isn’t professional to call your students future criminals on the internet. But frankly, why a teacher feels the need to express something like that seems way more relevant to me. When students are badly behaved, ill-prepared, jacked up on sugar, and hell-bent on acting out maybe we should be more concerned about why that is and talking about how to change it, instead of just punishing teachers for expressing it in a crude way.

   Terri – you say teachers with that kind of attitude should find a new profession – but the truth is a lot of students are disruptive or problematic. You can’t figure out how to change that and help these students until you acknowledge that there’s a problem. It may not be nice to say little Johnny is a nightmare to have in class, but if Johnny is a nightmare in class there’s a probably a reason and until you can straighten that out you aren’t going to be able to do your job properly – which is make sure little Johnny learns.

   The idea that a teacher should be able to magically transform and educate kids who aren’t getting the right kind of support, preparation, nutrition or care at home and in society is ludicrous. Let’s stop pretending that a frustrated teacher who expresses themselves in a stupid way is the main problem and talk about why your kids are having so much trouble focusing in the classroom.

8. Teacher Says:
   April 18th, 2011 at 11:15 am

   I have been a teacher for 7+ years…granted I would love to vent about my students & parents on any given day, just like anyone likes to vent about their job when it is frustrating….HOWEVER, teachers have absolutely no business posting anything on Facebook about students, parents, or their jobs in general (regardless of how problematic their students may be)…if you look at many states, cases that have been taken to the state supreme court where Facebook is concerned, teachers have LOST every single time. Districts are watching & looking at teacher posts, pictures, etc…on Facebook so public be warned. Want a quick way to lose your job? Post something on Facebook….

9. C C Says:
   February 22nd, 2012 at 4:42 pm

   ironic that students can say any nasty thing they want on FB or wherever, but a teacher daring to tell the sorry truth gets attacked and sometimes fired.

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