Malcolm Rivera
Teachers and school support staff have strong First Amendment rights to engage in political activity. However, this must be done on their own time and not during instructional time, as this may give the perception that the school endorses a particular message. Public school employees are also prohibited from using school resources for political activity, including office equipment and supplies, and district computer systems. They are, however, permitted to wear campaign buttons or similar items while on the job if the district's policy generally permits employees to wear political buttons.
| Characteristics | Values |
|---|---|
| Can public school employees campaign for a political candidate? | Yes, as long as it is done on their own time and in their personal capacity. |
| Can public school employees use school resources for campaigning? | No, public school employees cannot use school resources such as office equipment and supplies, or even district computer systems, to promote a political measure or candidate. |
| Can public school employees use their own resources for campaigning? | Yes, public school employees can use their own resources for campaigning. |
| Can public school employees attend political gatherings? | Yes, public school employees can attend political gatherings such as marches, rallies, protests, and national conventions. |
| Can public school employees express their personal political views at school? | No, expressing personal political views during instructional time is not allowed as it creates the perception that the school endorses the message. Teachers may, however, discuss political issues and candidates in a viewpoint-neutral manner if there is a legitimate pedagogical reason. |
| Can public school employees wear campaign buttons or similar items at work? | Yes, if the district's policy generally permits employees to wear political buttons. |
| Can public school employees place signs or bumper stickers on their privately-owned cars during work hours? | Yes, as long as the cars are parked on school property. |
| Can public school employees encourage others to vote? | Yes, as long as such encouragement routinely occurs for other elections. |
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What You'll Learn
- Teachers can express personal political views, but not during instructional time
- School resources cannot be used for political campaigning
- Educators can attend political gatherings like marches and rallies
- Public schools must remain politically neutral
- School employees can campaign for a candidate on their own time
Teachers can express personal political views, but not during instructional time
Teachers have strong First Amendment rights to engage in political activity and express their personal political views. However, they should do so on their own time and in their personal capacity. This means that teachers can attend political gatherings, rallies, protests, and marches, as well as sign petitions and donate to candidates' campaigns, but they should not do so during instructional time or using school resources.
When it comes to expressing personal political views in the classroom, teachers should maintain a line of neutrality. This is because expressing personal views during instructional time can create the perception that the school or district endorses the teacher's message. Additionally, teachers are being compensated by the school board during instructional time, which further complicates the issue.
However, it is important to note that teachers may discuss political issues and candidates in a viewpoint-neutral manner if the discussion is part of an instructional activity and there is a legitimate pedagogical reason for it. For example, a teacher may choose to create a lesson plan on dealing with the divisiveness of a presidential campaign, as long as they do not share their own political leanings. This allows students to discuss their viewpoints and be exposed to different perspectives in a respectful and educational setting.
While teachers have the right to express their political views, they should be mindful of how it may impact their students. Espousing strong political views can alienate students with opposing viewpoints and shut down questions or discussions critical to the course content. Therefore, teachers should use their professional judgment to decide when and how to express their personal political views, being respectful and disclosing their bias upfront.
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School resources cannot be used for political campaigning
While teachers and school staff have strong First Amendment rights to engage in political activity, they may not use school resources for political campaigning. This includes the use of public funds, work hours, office equipment and supplies, and district computer systems. For example, using a school copier to make flyers for a political candidate or campaigning during work hours would be an inappropriate use of school resources. Teachers may discuss political issues and candidates in a viewpoint-neutral manner if the discussion is part of an instructional activity and there is a legitimate pedagogical reason for it.
School board members, as "officers" of a school district, are also prohibited from using school resources for political campaigning. This means that they may not spend or authorize the spending of public funds for political advertising or communications that support or oppose a candidate for nomination or election to public office. In addition, school districts may not use publicly owned vehicles to carry or display political materials.
Union representatives and employees may post campaign materials on bulletin boards in staff-only areas if it is consistent with the district's policy and collective bargaining agreements. However, signs advocating for or against candidates or ballot measures shall not be posted on district property in any area accessible to the general public or in classrooms.
While employees may wear campaign buttons or similar items while on the job, this is only permitted if the district's policy generally permits employees to wear political buttons. Employees may also place window signs or bumper stickers on their privately-owned cars, even if those cars are parked on school property during working hours. However, they should not use public resources to operate a speaker's bureau in a manner that may be viewed as promoting a ballot measure or candidate.
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Educators can attend political gatherings like marches and rallies
Teachers and school support staff have strong First Amendment rights to engage in political activity. They are free to attend political gatherings like marches, rallies, protests, and national conventions. They can also speak to reporters at rallies, carry signs, and post pictures of themselves at rallies on social media. However, these rights are typically exercised in their personal capacity and on their own time, not during instructional time or using school resources. This is to avoid the perception that the school endorses a particular message or candidate.
Educators can attend political gatherings as long as they are not associated with hate groups or similarly offensive groups or events. For example, a court in Alabama ruled that a police department could fire an officer based on his membership in a white nationalist hate group. As such, educators should review their district's policies before engaging in political activity to understand the specific rules and boundaries.
While educators can express their personal views about a candidate or issue, they should avoid doing so during instructional time. This is because they are being compensated by the board during that time, and it can create the perception that the school endorses their message. However, teachers may discuss political issues and candidates in a viewpoint-neutral manner if the discussion is part of an instructional activity and there is a legitimate pedagogical reason for it.
Educators can also volunteer on campaigns or take a leave of absence, without pay, to campaign for a candidate or run for office themselves. They may also donate to candidates' campaigns, sign petitions, and attend fundraisers, but these activities should be done on their own time and off school premises. It is important for educators to make it clear that they are engaging in political activity in their personal capacity and not on behalf of the school.
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Public schools must remain politically neutral
Public schools are an important part of any community, and as such, they are often a key location for political campaigning. However, it is vital that public schools remain politically neutral for several reasons. Firstly, schools are funded by the state, and it would be unethical to use taxpayer money to promote a particular political party or candidate. Secondly, schools are places of learning, and their focus should be on educating students, not on political activism. While it is important for students to be engaged and informed about political issues, this should be done in a neutral and balanced way.
Teachers and school staff have the right to free speech and are free to engage in political activity outside of school, but this should not spill over into the classroom. While educators may wish to express their personal views about a candidate or issue, doing so during instructional time can give the perception that the school endorses this message. This is especially true if the teacher is being compensated by the school board during that time. Teachers may discuss political issues and candidates in a viewpoint-neutral manner if there is a legitimate pedagogical reason for it. For example, in a civics or current affairs class, a teacher might lead a discussion about an upcoming election, provided they do not endorse one candidate or party over another.
In addition, while it is important for schools to encourage students to vote and be politically active, this should be done in a non-partisan way. Schools should not be used as a venue for political campaigning, with a few exceptions. For example, if a school building is typically rented out for community meetings, then a political campaign meeting could be held there, provided it is open to the public and takes place outside of school hours. Similarly, staff and students are generally allowed to wear campaign buttons or similar items, but only if the school's policy generally permits the wearing of buttons and political messaging is not prohibited.
Finally, public schools must remain politically neutral to ensure that all students and their families feel welcome and included. Schools should be safe spaces for students to form their own political beliefs and opinions, and this can be hindered if the school is seen to favour a particular party or candidate.
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School employees can campaign for a candidate on their own time
School employees have the right to engage in political activity, including campaigning for a candidate, but this must be done on their own time and not during work hours. This is to avoid the perception that the school endorses a particular candidate or message, and to ensure that employees are not being compensated by the school board during their political activities.
School employees can attend political gatherings such as marches, rallies, protests, and conventions, and they can also speak to reporters, carry signs, and post pictures of themselves at these events on social media. They are also free to sign petitions and donate to candidates' campaigns, but this should be done on their personal devices and off school premises.
Employees can wear campaign buttons or similar items while on the job if the district's policy generally permits the wearing of political buttons. They can also place window signs or bumper stickers on their privately-owned cars, even if parked on school property during work hours. However, they should not use public resources, such as work hours, equipment, or facilities, to promote or oppose a candidate or ballot measure. This includes gathering signatures, distributing campaign materials, arranging speaking engagements, coordinating phone banks, or fundraising.
It is also important to note that while public employers cannot punish their employees for their political affiliation, employees should be mindful of their district's policies and any specific rules regarding political activity.
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Frequently asked questions
Public school teachers have the right to free speech and can share their political viewpoints in their non-work time using their personal funds. They can also attend political gatherings like marches, rallies, and protests. However, they cannot use school resources or school time to campaign for a political candidate.
No, public school teachers cannot use school resources, including office equipment and supplies, or district computer systems, to promote a political candidate or measure. This includes using school time to campaign, as teachers are being compensated by the board during that time.
Public school teachers may discuss political issues and candidates in a viewpoint-neutral manner if the discussion is part of an instructional activity and there is a legitimate pedagogical reason for it. However, expressing personal views about a candidate or issue during instructional time is not appropriate, as it may create the perception that the school endorses the teacher's message.
Public school teachers may wear campaign buttons or similar items while on the job if the district's policy generally permits employees to wear political buttons. They may also place window signs or bumper stickers on their privately-owned cars, even if parked on school property during working hours. However, they should not post signs or display political materials in areas accessible to the general public or in classrooms.
No, public school board members and employees are prohibited from spending or authorizing the spending of public funds for political advertising or to influence the outcome of an election. This includes using existing school resources, such as paper and machinery, to generate or display political advertising.
