A classroom at a school in Sacramento on May 11, 2022. Photo by Miguel Gutierrez Jr., CalMatters
요약해서
California has laws that prohibit employers from firing workers over their political views but employers can restrict speech if it’s disruptive to the workplace.
At least 20 teachers in California’s K-12 schools are facing disciplinary action after they made derogatory comments about right-wing political activist Charlie Kirk in the wake of his assasination last month.
Most of the disciplinary investigations are based on comments that teachers made on social media during non-working hours, a possible violation of their right to free speech, said David Goldberg, president of the California Teachers Association, the state’s largest teachers union.
“People are ready to pounce on educators. The goal is to sow fear,” Goldberg said. “It’s part of a larger attempt to bring the culture wars into schools and silence teachers.”
Kirk was fatally shot during a campus event at Utah Valley University on Sept. 10, in what officials described as a political assassination. Following his death, hundreds of people who criticized Kirk’s ideology have been fired, disciplined or doxxed — had their private information posted online to stoke harassment.
Other states have seen far more teachers fired or disciplined for Kirk-related comments. In California, state laws protecting free speech and strong union contracts have so far kept the numbers relatively low. Texas, for example, is investigating at least 280 teachers for criticizing Kirk.
‘Safe and respectful environment’
In California, one of the incidents happened in the Pacheco Union School District in Redding, where a teacher allegedly posted, “You reap what you sow, Mr. Kirk” on their personal social media account. The district has not named the teacher. Other news organizations have published his name but CalMatters was unable to independently confirm it.
Earlier, the teacher had also allegedly posted a video of Republican Rep. Marjorie Taylor Greene with the words, “Will someone please kill her?” The teacher was placed on paid leave and then the school board fired him.
“We are committed to ensuring that our classrooms and our entire school community remain a positive and secure place for all students to learn and grow,” Superintendent Jakob Fuller wrote on the school’s website. “The district does not condone violence in any form and is committed to maintaining a safe and respectful environment for all.”
또 다른 incident occurred at the Dry Creek Unified School District, a TK-8 district in Roseville, near Sacramento. A middle school teacher apparently called Kirk “a piece of s—,” among other things, on their personal social media account, prompting a swift backlash from parents and others.
The district would not confirm the teacher’s identity, and while it has been reported by other news organizations, CalMatters was unable to independently confirm it. The teacher, who did not respond to emails from CalMatters, is on paid leave until the district completes an investigation.
“The post is both unprofessional and concerning,” the district said in a statement. “The personal comments allegedly made by the employee do not reflect the values, standards, or mission of the district. We are taking this matter seriously.”
Jonathan Zachreson, a conservative education activist in California, said he’d like to see accountability for the teacher and condemnation from the union. A board member for a different Roseville school district, Zachreson has been an outspoken advocate for K-12 policies notifying parents if students identify as LGBTQ, a policy Kirk also championed. Dry Creek board members could not comment on the case because the investigation is ongoing.
Zachreson said incidents such as these should be handled on an individual basis, depending on the nature of the comments and how private the posts were. But if the Dry Creek district’s investigation concludes that the teacher did write that comment, the teacher should be fired, he said.
“Many parents don’t want their kid in a classroom with someone like that,” Zachreson said. “Freedom of speech doesn’t mean freedom from consequences.”
A dangerous precedent?
California has laws that prohibit employers from firing workers over their political views. And the First Amendment guarantees freedom of speech, but there are some limits: Employers have a right to restrict workers’ speech if it’s disruptive to the workplace.
Erwin Chemerinsky, dean of the UC Berkeley Law School, said that teachers posting to their private social media accounts during non-work hours is not likely to disrupt their classroom work.
“There’s always the impulse to punish speech we don’t like. But the First Amendment protects all speech,” Chemerinsky said. “Once you open this door, it could set a very dangerous precedent. What about teachers who criticize Donald Trump?”
The California School Boards Association hasn’t provided school boards with specific guidance on handling Charlie Kirk comments because each district has its own contract with teachers, and personnel matters are considered a local issue.
But typically, a teacher who’s suspected of disrupting the workplace through inappropriate speech would be subject to a district investigation and, if found to be at fault, discipline from the school board. New employees who are still on probation have fewer protections, but any employee could face consequences ranging from a reprimand to termination. The teacher could protest the action by filing a grievance, and if that fails, they could appeal the decision. Some teachers in other states have filed lawsuits. Teachers at private schools typically have fewer protections.
Regardless of the outcome, the process can be disruptive to staff and harmful to students, Goldberg said. Students could lose their teacher midway through a school year, and teachers “could have their lives turned upside down,” he said. Most teachers lack the resources and patience to take on a protracted legal fight that in the current political climate might not be successful, he said.
That’s why the union recently advised its members to be extra cautious when posting online.
“We tell educators, know your rights and bring in your union rep,” Goldberg said. “We need to be careful in this climate and look out for each other.”
Carolyn Jones covers K-12 education at CalMatters. A longtime news reporter, she’s covered education for nearly a decade, focusing on everything from special education to state funding policies to inequities... More by Carolyn Jones
Republish
Charlie Kirk fallout hits California schools, where 20 teachers face discipline over posts
독자들과 저희의 이야기를 공유하고 싶어하시는 것을 정말 좋아합니다. 수백 개의 출판사가 저희 작품을 정기적으로 재출판합니다.
CalMatters의 모든 기사는 다음 조건 하에 무료로 재출판할 수 있습니다.
Give prominent credit to our journalists: Credit our authors at the top of the article and any other byline areas of your publication. In the byline, we prefer “By Author Name, CalMatters.” If you’re republishing guest commentary (example) from CalMatters, in the byline, use “By Author Name, Special for CalMatters.”
Credit CalMatters at the top of the story: At the top of the story’s text, include this copy: “This story was originally published by 칼매터스. 가입하기 for their newsletters.” If you are republishing 해설, include this copy instead: “This commentary was originally published by 칼매터스. 가입하기 for their newsletters.” If you’re republishing in print, omit the second sentence on newsletter signups.
Do not edit the article, including the headline,단, 시간, 장소 및 편집 스타일의 상대적인 변화를 반영하는 경우는 예외입니다. 예를 들어, "어제"를 "지난주"로 변경할 수 있으며 "Alameda County"를 "Alameda County, California" 또는 "여기"로 변경할 수 있습니다.
기사의 현지화에 도움이 되는 보고서를 추가하면, 귀하의 스토리에 이 사본을 포함하세요: "[귀하의 출판물]의 추가 보도" 그리고 저희에게 알려주세요. republish@calmatters.org.
다른 질문이나 특별한 요청이 있으신가요? 아니면 저희 스토리 중 하나가 청중에게 미친 영향에 대한 좋은 스토리가 있으신가요? 여러분의 의견을 듣고 싶습니다. 다음 주소로 문의하세요. republish@calmatters.org.
Gift this article
CA teachers face discipline over comments about Charlie Kirk - CalMatters
Some California teachers who posted social media comments critical of Charlie Kirk were disciplined, raising concerns about free speech.
칼매터스
캘리포니아에 대한 설명
캐롤린 존스
Carolyn Jones covers K-12 education at CalMatters. A longtime news reporter, she’s covered education for nearly a decade, focusing on everything from special education to state funding policies to inequities in student achievement. In 2023, she spent five weeks in Albania as a Fulbright Specialist working on media literacy and promoting a free press. Previously, she worked at EdSource, the San Francisco Chronicle and the Oakland Tribune, covering government, breaking news, the environment and other beats. Jones attended public schools in California, where she got her start in journalism at the San Rafael High Red & White, and graduated from UC Berkeley with a degree in English. A longtime Oakland resident, she has two children and a Siberian husky.