C1.G and several friends were at a thrift store on Friday 13th, 2019. They placed wigs and hats on, one of which resembled a foreign WWII military hat. C.G. posted the picture to Snapchat stating “Me and the boy’s bout to exterminate the Jews”. While C.G. removed the post an hour later and posted an apology the next day, a parent had taken a screenshot and reported it to the school.

To begin, it’s important to note that a retaliation claim is not limited to termination and dismissal. In addition to the aforementioned actions, it is also unlawful for an employee to be punished for:

When evaluating a teacher's speech, leaders must first determine if the teacher was indeed speaking pursuant to their official duties. In many cases, this is easy to determine. A teacher's speech in the classroom (virtually now), while conducting their daily duties or in accordance with assignments would likely not be protected by the First Amendment.

Question: When is a teacher's speech protected under the 1st Amendment?

ANSWER: A public teacher’s speech is protected when: