Employed by political subdivision, free speech abridged.

[mergatroid]

Need thoughts and opinions. I am the employee of a school system that monitors social media and grades you on your posts. Is that legal?

As a school board is an elected position, isn't my free speech regarding that political subdivision protected?

Of course I know Indiana is an "at will" state, etc, and you can be fired for any reason, blah, blah, blah.

But at what point does your right to speak freely end when dealing with a public entity? Or does it? Thanks.

 

[5.56'aholic]

Need thoughts and opinions. I am the employee of a school system that monitors social media and grades you on your posts. Is that legal?

As a school board is an elected position, isn't my free speech regarding that political subdivision protected?

Of course I know Indiana is an "at will" state, etc, and you can be fired for any reason, blah, blah, blah.

But at what point does your right to speak freely end when dealing with a public entity? Or does it? Thanks.

Id first refer to any contracts you signed and agreed to. As a public figure, they may have "professional standards" they apply to prevent any proverbial "black eyes" from wild social media posts.

 

[eldirector]

Did you sign a contract allowing for this?

 

[femurphy77]

As you said; "at will". In today's world how "free" are we truly? Withe the advent of social media, the internet, camcorders in everybody's pocket, doxxing, swatting, etc how truly free are we? As our lives have become easier due to all of the gizmos and gadgets that were unheard of 40 years ago or even less we've become enslaved by these very gadgets in one form or another.

My employer doesn't actively monitor social media for infractions but I would never goon their and speak freely about them or something they strongly believe in one way or the other lest some snowflake melt in outrage and start one of their famous hate campaigns to get me fired. It's not life as we knew it and we have several generations of people now that the concept of live and let live only applies for.those in lockstep with the norm du Jour. Sad.

 

[Robert Richardson]

Free speech is like elections, they both have consequences.

 

[CampingJosh]

Free speech is like elections, they both have consequences.

Right, but one of the purposes of the First Amendment is that free speech not have consequences from the government.

 

[churchmouse]

Right, but one of the purposes of the First Amendment is that free speech not have consequences from the government.

Bingo. But if you are one of them does that change anything...???

It should not.

 

[mergatroid]

Right, but one of the purposes of the First Amendment is that free speech not have consequences from the government.

That is what I though, speech against the government is totally protected. (In theory).

 

[mergatroid]

Did you sign a contract allowing for this?

I will have to check the fine print. Most of these types of concerns regard private schools not the public government schools, but I will check for accuracy in our conversation.

 

[spec4]

I learned free speech doesn't apply in PC corporate America. IMO, one of the goals you should have with your job is to keep it and survive. I f stating your honest opinion is not germaine to your job, I'd suggest you refrain. Your are working to provide yourself with a living, that is the goal.

Personally, I have survived many different regimes in corporate America. The goal was to leave when I wanted on my terms. Lot's of tongue biting involved.

 

[Kutnupe14]

Bingo. But if you are one of them does that change anything...???

It should not.

I think that is dependent on if the position is one requiring trust from the public. There was a recent story about an EMT who ran a WN podcast, and in his airings he'd talk negatively about minorities. In his position, there would be serious issues of trust amongst minorities in how safe they would be in his care, despite his airings being technically "speech." I believe he is currently suspended.

 

[Leadeye]

After consulting the fine print of any contract you may have signed, consider what you want to do or advance while employed. Leadership doesn't like to have gadflies around regardless of if they are right or wrong. You might find yourself "reassigned".

I've heard people say it's not good to suck up and that leadership that surrounds itself with yes men is doomed to failure. That's true to a degree, but everything depends on what you value for yourself.

 

[mergatroid]

stating your honest opinion is not germaine to your job, I'd suggest you refrain. Your are working to provide yourself with a living, that is the goal.

Agree.

 

[mergatroid]

I think that is dependent on if the position is one requiring trust from the public. There was a recent story about an EMT who ran a WN podcast, and in his airings he'd talk negatively about minorities. In his position, there would be serious issues of trust amongst minorities in how safe they would be in his care, despite his airings being technically "speech." I believe he is currently suspended.

I'm still having a hard time grasping the idea that working for the government somehow prohibits you from expressing your opinion of that government. Personal feelings about minorities are not the issue.

But thanks for the thoughts.

I'm not sure an EMT or LEO would be wise to make their negative ideas of minorities public. But that would also not be political speech, per se.

 

[DoggyDaddy]

I'm still having a hard time grasping the idea that working for the government somehow prohibits you from expressing your opinion of that government. Personal feelings about minorities are not the issue.

But thanks for the thoughts.

I'm not sure an EMT or LEO would be wise to make their negative ideas of minorities public. But that would also not be political speech, per se.

While it may not be specifically what you're talking about, The Hatch Act is an example of the restrictions that can be put on government (federal) employees.

https://en.wikipedia.org/wiki/Hatch_Act_of_1939

 

[Route 45]

Why do you find it necessary to blast your opinion on social media to the point where you are worried that it may affect your employment?

 

[KellyinAvon]

Need thoughts and opinions. I am the employee of a school system that monitors social media and grades you on your posts. Is that legal?

As a school board is an elected position, isn't my free speech regarding that political subdivision protected?

Of course I know Indiana is an "at will" state, etc, and you can be fired for any reason, blah, blah, blah.

But at what point does your right to speak freely end when dealing with a public entity? Or does it? Thanks.

So who in your school's administration looked at the Social Score practice going on in China and said, "I gotta get me some of that!!"??

I'm a Fed, I have the Hatch Act to deal with. It's been around since 1938 (so it wasn't Orin Hatch, he's old but not that old.) If I worked for a different alphabet soup agency (any DOJ entity or the DEA) I couldn't do what I do now, on my own time, not on government owned or leased property, in support of pro-2A candidates or pro-2A legislation.

The DHS employee who ran a radical anti-US website? He's no longer employed by the government, of the Country, he hates.

What you've described sounds like the Thought Police. This is terrifying to say the least.

Is a public school board a political subdivision? If the party is on the ballot, it is "partisan" (a big deal in the Hatch Act, although I'd argue in 2019 everything is political.)

Keep posting on INGO (unless your name really is mergatroid), despite one some say speech is very free here.

 

[KellyinAvon]

While it may not be specifically what you're talking about, The Hatch Act is an example of the restrictions that can be put on government (federal) employees.

https://en.wikipedia.org/wiki/Hatch_Act_of_1939

You said Hatch Act!! The link below is very good. To quote a now-retired supervisor from where I work, "If you're talking about the Hatch Act, you're probably violating the Hatch Act."



https://osc.gov/pages/hatchact-affectsme.aspx

 

[Fargo]

This area of law is really complicated and is super fact specific, particularly as regards the classification of your position. If you really want to know the answer to your particular situation, you are probably going to need to pay an employment law attorney. There are few to no generally applicable rules here, unlike some other areas of law.

 

[mergatroid]

Why do you find it necessary to blast your opinion on social media to the point where you are worried that it may affect your employment?

Just gathering information and opinions.