AboutMichael Troy Expertise I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations Former Attorney for Center for Individual Rights.
Publications Washington Post
Washington Times
Education/Credentials J.D. from Univ. of Michigan Law School
Expert: Michael Troy Date: 3/21/2008 Subject: Expressing political views through employer email services
Question I'm a secondary school teacher who sent out an email from my home pc and email address to the staff of my school district at their school addresses. The email expressed my opposition to the ESEA/No Child Left Behind Law and referenced the website of an organization that is sponsoring a grassroots opposition campaign to the law. I was told by my superintendent that this was a violation of the district's technology policy and that I should not send future such emails. Is this a suppression of my first amendment rights? Thanks.
Answer Hi Adrian,
I cannot provide specific legal advice in this situation. For that you would need an attorney who could fully review the fact in this situation.
I will say that generally, when government acts as an employer, it has much more latitude in restricting speech than it does with the public generally. A school system can restrict speech where it is disruptive of the ordered running of the school system. However, it may not take action against an employee simply for expressing a political view on a matter of general interest to the public. If a sanction was based on the content of your views, which was probably not disruptive to running the schools, it would be protected. If there was some content neutral reason for the rule you violated, a court would probably allow it.
Sorry I can't give a more definitive answer, but the rules in this area get rather complicated and are not entirely consistent.
