Are teachers' social media posts on Charlie Kirk protected by the First Amendment?
Two Massachusetts teachers and a staff member have been placed on leave this week and a fourth staff member is under investigation over posts they allegedly made on social media about Charlie Kirk's death, igniting a debate on whether the posts are examples of free speech.
Teachers who worked at Framingham High School and Wachusett Regional High School in Holden were suspended and both school districts released statements condemned their posts. On Friday, Sharon Superintendent Peter Botelho sent a letter home to parents about a social media post by a staff member saying, in part, "The post contains highly inappropriate and insensitive commentary regarding the death of a public figure. We recognize this post has caused distress for members of our school community."
Former teacher says they don't have free speech
"Peter," who asked to remain anonymous, is a former Boston Public Schools teacher and former assistant principal. He said he left the profession because he felt he could not express his conservative views outside the classroom on social media.
"As soon as they find out that you support a certain person, then your free speech goes out the window," Peter said.
Was teachers' free speech violated?
Harvey Silvergate is a criminal defense and civil liberties attorney and a co-founder of the Foundation of Individual Rights and Expression (FIRE). He argued that placing the teachers on leave violated their First Amendment rights.
"I'm a free speech absolutist. As long as the teachers do not propagandize in the classroom, they have the same free speech rights everyone else has. I think they would have to go to court and they would have to get a court order that they can go back to the classroom. That American citizens have a right to say what they believe, that should be the official position of the school authorities," said Silvergate.
Peter said he's not surprised and supports the decision to place the teachers on leave, arguing their posts could encourage violence.
"Celebrating the death of an influential person like that is very dangerous. You're telling the future generation that, the next generation of kids that are going to be making decisions, that assassinations are OK," Peter said.
WBZ-TV reached out to the teacher's union but they said they will decline to comment while the matter is under investigation.