There is a unique relationship that exists between teachers and students within schools and therefore, teachers are not provided full First Amendment protections, even with off-campus speech (Schroeder, 2013). In 2006, the Supreme Court established the Pickering-Garcetti test, a five-part test, which is the “standard used to determine the First Amendment speech protections afforded to public employees” (Williamson, 2013, p. 732). The first three parts of this test provide the greatest challenge to teachers’ free speech, which include the determination if the speech was related to the employee’s position, if the speech was in respect to public matters, or if the importance of the employee’s speech outweighs the interests of the employer” (Williamson, 2013). In general, courts almost always favor schools (Schroeder, 2013). Educators must consider the reality that very little online information is truly private and determine if an interaction with a student or speech made would be acceptable if made
There is a unique relationship that exists between teachers and students within schools and therefore, teachers are not provided full First Amendment protections, even with off-campus speech (Schroeder, 2013). In 2006, the Supreme Court established the Pickering-Garcetti test, a five-part test, which is the “standard used to determine the First Amendment speech protections afforded to public employees” (Williamson, 2013, p. 732). The first three parts of this test provide the greatest challenge to teachers’ free speech, which include the determination if the speech was related to the employee’s position, if the speech was in respect to public matters, or if the importance of the employee’s speech outweighs the interests of the employer” (Williamson, 2013). In general, courts almost always favor schools (Schroeder, 2013). Educators must consider the reality that very little online information is truly private and determine if an interaction with a student or speech made would be acceptable if made