Expert: Michael Troy - 7/9/2009

Question
I am a teacher. I am also a writer. I recently started a blog which does not openly identify my name, my school or my thoughts about my profession in it. I am moderating it for content, but occasionally something thought provoking might make it through. I am wondering if I am at risk of employment for having this blog, even though I am conscientious of remaining "anonymous" and do not use it as a platform in my teaching?

Answer
Hi Carolyn,

Please, keep in mind that I cannot provide specific legal advice in this forum.  For that, you would need to consult an attorney license in your jurisdiction.

Generally speaking however, public schools are limited in controlling the speech activities outside of school.  Private employers are not covered by the First Amendment and are generally free to fire or take other action based on non-work speech activities.  In the public school forum, courts do allow administrators to take action if the behavior affects the running of the school.  For example, a teacher posting nude photos of herself may be protected activity, but a school could decide that doing so has undercut her authority in the school and could justify termination.  Similarly, advocacy of illegal or controversial activity, such as drug use or something could possibly be seen as disruptive and justify action.  This quickly becomes a gray area that frequently leads to litigation in how far out of school speech really affects good order and discipline in school and what is simply trying to restrict the free speech rights of faculty.

The fact that you are remaining anonymous and don't reference the school would certainly work in your favor.  If there is no radically disruptive ideas being presented, I would think it fairly safe, especially valid discussions of economic, political, or social issues which is protected core free speech.  But the exact line where speech could be deemed seriously disruptive is a question where lawyers and judges differ.

- Mike