How Lee County School District evaluates employees’ free speech  

After conservative activist Charlie Kirk, 31, was shot and killed Sept. 10, Lee County school teachers were among many across the U.S. disciplined or placed on leave for public comments they made about Kirk and his views on guns, religion and other topics. 

The incidents raised questions about what free speech rights public employees have in the workplace. While the First Amendment does not protect employees of nongovernment workplaces, it does provide limited protections for government or quasigovernment employees, such as those employed by a city or school district, when speaking on matters of public concern. 

School District of Lee County Director of Communications Rob Spicker said the district will not confirm the names of teachers removed from classrooms for their comments about Kirk, pending the outcome of investigations. But he outlined how the district evaluates such cases. 

“The School District respects and honors an employee’s right to free speech,” Spicker said. “School Board policy, Florida law and the Principles of Professional Conduct for the Education Profession do not infringe upon that right. Instead, they examine the impact or disruption caused by the exercise of free speech rights.” 

Spicker pointed to School Board Policy 3310, which states that instructional staff members have the right to speak on issues of public concern. However, when those issues are related to the district, a teacher’s expression must be balanced against the interests of the district. Federal and state law also prohibit the board from adopting policies or agreements that waive constitutional rights. 

Employees also are held to ethical standards outlined in School Board Policy 3210.01 and state law. That policy prohibits conduct during the course of employment that negatively impacts job performance, as well as any conduct that affects the health, safety or welfare of a student, Spicker said. 

The district’s social media policy allows employees to identify themselves as district staff online, provided they state their opinions are personal. Still, the policy notes that “even with that disclaimer, readers may still associate you with the district and your actions may reflect on the district, which could result in disciplinary action.” 

Spicker said the Principles of Professional Conduct for the Education Profession in Florida require educators to maintain the respect and confidence of colleagues, students, parents and the community. Florida law also empowers the state education commissioner to discipline educators found guilty of personal conduct that “seriously reduces” their effectiveness as employees.