4118.12 - Freedom of Speech
Policy 4118-12
Personnel - Certified/Non-Certified
Freedom of Speech
Public Communications by Employees
The Board of Education recognizes and respects the First Amendment Rights of all of its employees to make public statements and to otherwise participate in the public discourse through any and all media, including social media. The Board of Education also recognizes that inappropriate content authored by educators that is made available for public consumption can interfere with educational effectiveness. Therefore, Newtown Public School employees shall be expected to strike an appropriate balance between exercising their right to freedom of expression and maintaining their effectiveness and credibility as educators.
Ordinarily, the use of public discourse by employees, including employees’ use of personal online accounts, will not be a legal or policy issue. While a policy cannot address every instance of inappropriate public discourse, employees must refrain from discourse that:
- interferes, disrupts or undermines the effective operation of the school district;
- is used to engage in harassing, defamatory, obscene, abusive, discriminatory or threatening or similarly inappropriate communications;
- creates a hostile work environment;
- breaches confidentiality obligations of school district employees; or
- violates the law, board policies and/or other school rules and regulations.
Legal Reference: Connecticut General Statutes
53a-193 through 53a-200
Keyishian v. Board of Regents, 395
Perry v. Sindermann, 408
Pickering v. Board of Education, 391
Connick v. Myers, 461 U.S. 138 (1983)
Garcetti v. Ceballos, 547 U.S. 126 S.Ct. 1951 (2006)
Sterzing v.
Grayned v. City of
Miller v.
Amendment to U.S. Constitution, Article I
Connecticut Constitution, ARTICLE FIRST, Declaration of Rights, Sections 4, 5
Academic Freedom Policy (adopted by Connecticut State Board of Education, 9/8/81)
Policy adopted: September 21, 2021
NEWTOWN PUBLIC SCHOOLS
Newtown, Connecticut