Can a supervisor prohibit communication outside of work between employee and board members?
Full Question:
Answer:
I am prohibited from providing a legal opinion. The answer will depend on all the facts and circumstances involved. Teachers generally enjoy rights to freedom of expression, though there are some restrictions. Teachers may not materially disrupt the educational interest of the school district, nor may teachers undermine authority or adversely affect working relationships at the school. Generally, teachers at a private school have less protection for freedom of
expression than teachers at a public school.
Teachers do not give up the right to comment publicly on matters of public importance simply because they accept a public school teaching position. Teachers cannot be fired or disciplined for statements about matters of public importance unless it can be shown that the teacher’s speech created a substantial adverse impact on school functioning. School administrators cannot impose overbroad or viewpoint-based rules that restrict how teachers speak with other school members unless it can be clearly shown that the speech would be harmful to workplace functioning.
